Medicaid Estate Recovery in Missouri
Missouri Medicaid is called MO HealthNet, administered by the Department of Social Services. After a participant dies, the MO HealthNet Division recovers the cost of benefits from the estate. An open estate cannot be closed for a participant until MO HealthNet issues a release of its estate recovery claim.
Steps to take when someone dies
Required Documents
- Release from the MO HealthNet Division: before closing the probate estate of a decedent enrolled in MO HealthNet at death. Filed by the personal representative with the clerk of the court exercising probate jurisdiction, unless waived by the MO HealthNet Division.
Medicaid Estate Recovery in Missouri: key facts
What Missouri says6
- What is recovered
The MO HealthNet Division recovers the cost of MO HealthNet benefits from the estate of a deceased participant.1
- What counts as the estate
Estate assets such as homes, savings, and retirement accounts, plus remaining personal-funds and surplus burial-plan balances at the facility.1
- Who is subject to recovery
Estates of MO HealthNet participants. The state does not seek repayment for benefits received before the participant was age 55.1
- Liens on real property
A TEFRA lien may be placed on the property owned by a participant age 55 or older who is receiving long-term care in a nursing facility.1
Section 208.215.13 directs the department or MO HealthNet Division to enforce TEFRA liens on permanently institutionalized individuals, as authorized by federal law and regulation.2
- When recovery is deferred or barred
MO HealthNet will not pursue estate recovery while there is a surviving spouse, a surviving child under age 21, or a surviving child of any age who is blind or disabled.1
- How the state files its claim
Section 473.398 requires the personal representative to file a release from the MO HealthNet Division with the probate clerk before closing the probate estate of a decedent enrolled in MO HealthNet at death, unless the division waives it.3
MO HealthNet returns the completed Estate Notice form indicating whether it will assert or waive an estate recovery claim and, if asserted, the amount.1
If the decedent was a MO HealthNet participant, a release letter is sent only after the estate recovery claim is paid.1
Governing law: Mo. Rev. Stat. 473.398, 208.215
Forms Missouri uses1
- 2575-009: MO HealthNet Estate Notice
Completed by the representing attorney when a MO HealthNet participant's estate is opened, and sent to the MO HealthNet Division by email, fax, or mail.4, 1
Other offices involved1
- Clerk of the court exercising probate jurisdiction
Receives the MO HealthNet release before the probate estate is closed3
Sources4
Missouri Medicaid estate recovery
MO HealthNet Division, Cost Recovery Unit
Phone
Website
Tools for Planning and Settling an Estate in Missouri
Free calculators and checklists for planning or settling an estate in Missouri: will and trust costs, probate, executor pay, and inheritance taxes.
How Do I Settle an Estate?
Settling an estate in Missouri: the personal representative files the estate inventory within 30 daysRSMo §§ 473.233, 473.240Verified Sep 15, 2026View source of appointment; creditors have 6 monthsRSMo §§ 473.033, 473.360, 473.380, 473.397, 473.403, 473.444Verified 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 Missouri costs an estimated $28,815RSMo § 473.153(3) (statutory minimum: 5% first $5K, 4% next $20K, 3% next $75K, 2.75% next $300K, 2.5% next $600K, 2% over $1M; where reasonable compensation exceeds the minimum the court shall allow additional compensation — extraordinary services not required). Per § 473.153(1) the base is personal property administered plus proceeds of court-ordered real property sales; unsold real property is excluded.Verified Sep 8, 2026View source. Attorney fees are statutory (set by law)RSMo § 473.153(3) (statutory minimum: 5% first $5K, 4% next $20K, 3% next $75K, 2.75% next $300K, 2.5% next $600K, 2% over $1M; where reasonable compensation exceeds the minimum the court shall allow additional compensation — extraordinary services not required). Per § 473.153(1) the base is personal property administered plus proceeds of court-ordered real property sales; unsold real property is excluded.Verified Sep 8, 2026View source.
Do I Need Probate?
In Missouri, estates valued at $40,000RSMo § 473.097Verified Sep 8, 2026View source or less use the Small Estate AffidavitRSMo § 473.097Verified Sep 8, 2026View source, 30 daysRSMo § 473.097Verified Sep 8, 2026View source after death, a court filing short of full probate.
Who Inherits Without a Will?
Without a will in Missouri, a surviving spouse takes the first $20,000 plus half of the restMo. Rev. Stat. § 474.010Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita with representationMo. Rev. Stat. § 474.020Verified Sep 10, 2026View source.
Hire a Probate Attorney
Browse vetted attorneys handling probate matters across all 50 states.