Skip to main content
SimplyTrust
SimplyTrust
Create a TrustSettle an EstateForms & ToolsFreeResources
OverviewEstate Law
OverviewEstate Law
Attorneys
All Montana Attorneys
Forms
Revocable Living Trust for Montana ResidentsMontana Last Will and TestamentMontana Pour-Over WillMontana Healthcare Power of AttorneyMontana Financial Power of AttorneyMontana Transfer on Death DeedVehicle Transfer on DeathMontana EIN ApplicationMontana Petition for Probate and LettersMontana Notice to CreditorsMontana Small Estate AffidavitLetter of InstructionDigital Assets Recovery Letter
Getting Prepared
Montana Estate Planning Cost CalculatorMontana Revocable Living Trust Cost CalculatorMontana Will Cost CalculatorMontana Life Insurance CalculatorMontana Beneficiary Designation CheckerMontana Name a Guardian GuideMontana Burial & Cremation Law GuideMontana Signing Requirements CheckerMontana Document Portability CheckerMontana Trust Need AssessmentMontana TOD Deed AssessmentMontana Vehicle TOD AssessmentMontana Trust or Will Decision Tool
Someone Just Passed Away
Montana Death Certificate CalculatorMontana Probate Decision ToolMontana Estate Settlement Plan
I'm an Executor
Montana Probate Cost CalculatorMontana Executor Fee CalculatorMontana Self-File Probate AssessmentMontana Executor Appointment GuideMontana Creditor Claims DeadlinesMontana Personal Property Value Estimator
I'm a Trustee
Montana Trustee Compensation CalculatorMontana Trust Settlement Plan
Taxes & Inheritance
Montana Who Inherits CalculatorMontana Estate & Inheritance Tax CalculatorMontana Inheritance Tax GuideMontana Step-Up Basis CalculatorMontana Post-Death Tax Filing Guide
Montana Agencies
Medicaid Estate RecoveryUnclaimed PropertyUnemployment BenefitsPublic Pensions
Federal Agencies
Administration for Community Living (ACL)Black Lung Benefits ProgramBureau of Indian Affairs (BIA)Centers for Medicare & Medicaid Services (CMS)Consumer Financial Protection Bureau (CFPB)Defense Finance and Accounting Service (DFAS)Defense Health Agency (DHA)Department of Veterans Affairs (VA)DOD Casualty Assistance ProgramDrug Enforcement Administration (DEA)Energy Employees Occupational Illness Program (EEOICPA)Federal Aviation Administration (FAA)Federal Communications Commission (FCC)Federal Deposit Insurance Corporation (FDIC)Federal Election Commission (FEC)Federal Emergency Management Agency (FEMA)Federal Student Aid (FSA)Federal Trade Commission (FTC)Indian Health Service (IHS)Internal Revenue Service (IRS)National Credit Union Administration (NCUA)National Personnel Records Center (NPRC)National Transportation Safety Board (NTSB)NOAA Commissioned Officer CorpsOffice of Personnel Management (OPM)Pension Benefit Guaranty Corporation (PBGC)Radiation Exposure Compensation Program (RECA)Railroad Retirement Board (RRB)September 11th Victim Compensation Fund (9/11 VCF)Social Security Administration (SSA)Thrift Savings Plan (TSP)Transportation Security Administration (TSA)U.S. Citizenship and Immigration Services (USCIS)U.S. Coast Guard Casualty Assistance ProgramU.S. Copyright OfficeU.S. Department of Housing and Urban Development (HUD)U.S. Department of Labor (DOL)U.S. Department of StateU.S. Department of the TreasuryU.S. Patent and Trademark Office (USPTO)U.S. Public Health Service Commissioned Corps (PHS)U.S. Securities and Exchange Commission (SEC)U.S. Small Business Administration (SBA)United States Postal Service (USPS)USDA Farm Service Agency (FSA)
Home→Agencies→Medicaid Estate Recovery→Montana

Medicaid Estate Recovery in Montana

Montana files a claim against a deceased Medicaid recipient's estate for the medical assistance Medicaid paid on their behalf. Recovery applies to recipients who were 55 or older when they received assistance and to residents of an institution such as the Montana State Hospital. Recipients eligible under Medicaid Expansion (the HELP Program) are not subject to estate recovery.

OverviewWhen someone dies

Medicaid Recovery

Montana

dphhs.mt.gov/qad/pc/PCTPL→

Administering agency

Montana Department of Public Health and Human Services — Estate Recovery (Third Party Liability Unit)

Phone1-800-694-3084
WebsiteVisit website →

Authority

Mont. Code Ann. 53-6-167; 53-6-180; 53-6-189; Mont. Admin. r. 37.82.431

Verified Jul 2026

Medicaid Estate Recovery in Montana: key facts

Who is subject
Recipients age 55 or older when assistance was received, and residents of an institution such as the Montana State Hospital. Medicaid Expansion (HELP Program) enrollees are not subject to recovery.
What is recovered
The amount Medicaid paid on the recipient's behalf, claimed against the estate after death. Medicare cost-sharing paid through a Medicare Savings Program is not subject to recovery.
Recovery deferred
While there is a surviving spouse, a surviving child under 21, or a surviving child who is blind or permanently and totally disabled. The State may still recover from a surviving spouse's estate if the spouse dies within three years of the recipient.
Hardship waiver
The Department may waive recovery, wholly or in part, where it would cause undue hardship under Mont. Admin. r. 37.82.431 — for example a business or farm that is the heir's sole income source, or property needed for the necessities of life. Not available where assets were diverted to avoid recovery.

Governing law: Mont. Code Ann. 53-6-167; 53-6-180; 53-6-189; Mont. Admin. r. 37.82.431

Frequently asked questions

Yes. Under Mont. Admin. r. 37.82.431, DPHHS may waive recovery, wholly or in part, where it would cause undue hardship — such as a business or farm that is the heir's sole income source, or property needed for food, shelter, clothing, or medical care. The waiver is not available where assets were diverted to avoid recovery.

When someone dies

Steps after a death in Montana

4-step process for Montana Department of Public Health and Human Services — Estate Recovery (Third Party Liability Unit).

View details →
SimplyTrustSimplyTrust Editorial·Updated July 14, 2026

Sources

  • dphhs.mt.gov
  • mca.legmt.gov
  • rules.mt.gov

Data sourced from Medicaid Estate Recovery in Montana primary sources (4 pages reviewed). How we research.

Medicaid Recovery

Montana

dphhs.mt.gov/qad/pc/PCTPL→

Administering agency

Montana Department of Public Health and Human Services — Estate Recovery (Third Party Liability Unit)

Phone1-800-694-3084
WebsiteVisit website →

Authority

Mont. Code Ann. 53-6-167; 53-6-180; 53-6-189; Mont. Admin. r. 37.82.431

Verified Jul 2026
SimplyTrust Logo

Every family deserves a plan. We'll help.

Get startedApp StoreGoogle Play

Forms

  • Revocable Living Trust
  • Last Will and Testament
  • Pour-Over Will
  • Healthcare Power of Attorney
  • Financial Power of Attorney
  • Transfer on Death Deed
  • Vehicle Transfer on Death

Tools

  • Trust vs Will
  • Probate Calculator
  • Who Inherits
  • Estate Settlement
  • Death Tax Calculator
  • Life Insurance

Compare

  • Compare Services
  • vs LegalZoom
  • vs Trust & Will
  • vs Rocket Lawyer
  • vs Quicken WillMaker

Learn

  • Revocable Living Trusts
  • Last Will and Testaments
  • Articles
  • State Guides
  • Estate Law
  • Life Events

Directories

  • Law Firms
  • Financial Assets
  • Digital Assets
  • Government Agencies

Company

  • About
  • Careers
  • Contact
  • Create a Trust

SimplyTrust is not a law firm and does not provide legal advice, legal counsel, or attorney review. Information on this platform is for general informational purposes only. Use of SimplyTrust does not create an attorney-client relationship. You are solely responsible for all documents you create. For advice tailored to your circumstances, consult a licensed attorney in your state.

© 2026 SimplyTrust Software Inc. All rights reserved.

Privacy Policy·Terms of Service·Security··AI Access

All content, data, and calculations are proprietary. Automated scraping, systematic downloading, or data extraction is prohibited under our Terms of Service. Product visuals are simulated for illustrative purposes and may differ from actual experience. Logos provided by Logo.dev.