Mississippi Division of Medicaid, Estate Recovery
Mississippi · Medicaid Recovery
medicaid.ms.gov/medicaid-coverage/member-services/estate-recoveryMedicaid Estate Recovery in Mississippi
The Mississippi Division of Medicaid seeks recovery from the estate of a deceased Medicaid recipient who was 55 or older when assistance was received, for nursing facility, home- and community-based, and related hospital and prescription drug services. The Division is noticed as a creditor against the estate; Mississippi places no lien on the home during life.
Steps to take when someone dies
Medicaid Estate Recovery in Mississippi: key facts
What Mississippi says8
- What is recovered
Miss. Code § 43-13-317, reprinted on the Division's Estate Recovery page, lets the Division seek recovery of payments for nursing facility services, home- and community-based services, and related hospital and prescription drug services.1
- Who is subject to recovery
Recovery is from the estate of a deceased recipient who was 55 years of age or older when they received the assistance.1
The Division states recovery applies where the recipient was in a nursing facility, enrolled in a home- and community-based services waiver, or receiving hospice at the time of death, and owned assets valued at $5,000 or more.2
- Liens on real property
The Division states that Mississippi has no Medicaid lien law and does not use TEFRA liens, so recovery is made from the estate after death, not by a lien on the home during the recipient's life.2
- When recovery is deferred or barred
The claim is waived if there is a surviving spouse, or a surviving dependent who is under 21 or who is blind or disabled.1
- Undue-hardship waiver
The claim is also waived if the Division or a court determines that recovery would work an undue hardship under federal law and regulation.1
The Division reviews undue-hardship cases case by case. Grounds it lists include property that is the sole income-producing asset of survivors with limited income, and an estate of modest value, under $5,000.2
Another ground the Division lists is an adult relative who lived in the home for at least a year before the recipient entered a nursing home or waiver program, provided care, and now depends on the property for a home.2
- Exemptions and protected assets
The Division waives its claim on real property where the recipient claimed the homestead exemption and a surviving child or grandchild is entitled to the continuing homestead exemption (Medicaid v. Estate of Darby, No. 2010-CA-0035-COA), if documented.2
Since July 1, 2025, Miss. Code § 43-13-317(3) makes the estate recovery section inapplicable to amounts in Mississippi ABLE accounts, unless the federal Social Security Act, 42 USC 1396p(b), requires otherwise (Laws 2025, ch. 362).3, 4
- What counts as the estate
Miss. Code § 43-28-23(2) provides that an ABLE account, and funds distributed from it upon the beneficiary's death, are not part of the "estate" of the beneficiary as that term is used in § 43-13-317.3
- How the state files its claim
Under Miss. Code § 91-7-145, the Division is noticed as an identified creditor against the estate of a deceased Medicaid recipient, so the claim is handled through the estate before assets pass to heirs.1
The Division mails the family a letter stating what Medicaid paid. The family may request a fair hearing on the stated property value or the claim figure; the Division notes a hearing may not be needed if a Division attorney can resolve the discrepancy.2
Governing law: Miss. Code § 43-13-317 (as amended by Laws 2025, ch. 362); Miss. Code § 91-7-145; 42 U.S.C. 1396p
Mississippi Medicaid estate recovery
Mississippi Division of Medicaid, Estate Recovery
Phone
Website
Tools for Planning and Settling an Estate in Mississippi
Free calculators and checklists for planning or settling an estate in Mississippi: will and trust costs, probate, executor pay, and inheritance taxes.
How Do I Settle an Estate?
Settling an estate in Mississippi: the personal representative files the estate inventory within 90 daysMiss. Code §§ 91-7-93, 91-7-95, 91-7-109Verified Sep 15, 2026View source of appointment; creditors have 3 monthsMiss. Code §§ 91-7-145, 91-7-149, 91-7-151, 91-7-165, 91-7-261Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 12 months.
How Much Does Probate Cost?
Probate on a $500,000 estate in Mississippi costs an estimated $23,712Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source. Attorney fees run 1.6%Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source to 2.5%Miss. Code § 91-7-281 (attorney fees allowable; reasonable); see also § 91-7-299Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Do I Need Probate?
In Mississippi, estates valued at $75,000Miss. Code Ann. § 91-7-322Verified Sep 8, 2026View source or less skip probate with the Small Estate AffidavitMiss. Code Ann. § 91-7-322Verified Sep 8, 2026View source, 30 daysMiss. Code Ann. § 91-7-322Verified Sep 8, 2026View source after death.
Who Inherits Without a Will?
Without a will in Mississippi, descendants divide what passes to them per stirpesMiss. Code Ann. § 91-1-3Verified Sep 10, 2026View source, and the state sets no survival period for heirs.
Hire a Probate Attorney
Browse vetted attorneys handling probate matters across all 50 states.