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Home→Agencies→Medicaid Estate Recovery→Montana→When someone dies

Medicaid Estate Recovery in Montana: when someone dies

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

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 May 2026

Steps to take

  1. Determine whether the deceased received Medicaid at age 55 or older, or was a resident of an institution such as the Montana State Hospital.
  2. Contact the DPHHS Estate Recovery / Third Party Liability Unit to confirm whether a claim applies and request the amount.
  3. Address the claim as a debt of the estate before distributing assets to heirs.
  4. Apply for an undue-hardship waiver through DPHHS if recovery would cause hardship, for example:
    • A business or farm that is the heir's sole income-producing asset
    • A home where an heir age 65 or older, blind, or disabled has lived for at least a year
    • Property an heir needs for the necessities of life with no other assets available

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

Phone: 1-800-694-3084

Visit the agency website →

Frequently asked questions

Montana files a recovery claim against the estate of a Medicaid recipient who was 55 or older when they received assistance, and against residents of an institution such as the Montana State Hospital. Recipients eligible under Medicaid Expansion (the HELP Program) are not subject to estate recovery.

Under Mont. Code Ann. 53-6-167, recovery is 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 the surviving spouse's estate if the spouse dies within three years of the recipient.

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 May 2026