Medicaid Estate Recovery in New Jersey: when someone dies
A 4-step process for New Jersey Division of Medical Assistance and Health Services (DMAHS) — Estate Recovery after a death in New Jersey.
OverviewWhen someone dies
Administering agency
New Jersey Division of Medical Assistance and Health Services (DMAHS) — Estate Recovery
Phone609-588-2900
WebsiteVisit website →
Authority
N.J.S.A. 30:4D-7.2; N.J.A.C. 10:49-14.1
Verified Jul 2026
Steps to take
- Determine whether the deceased received Medicaid services on or after age 55.
- Notify DMAHS in writing as soon as possible after the death — DMAHS asks that those handling the estate write to the Office of Legal and Regulatory Affairs, Attn: Estates, PO Box 712, Mail Code #6, Trenton, NJ 08625 — and ask whether it has a claim before spending estate funds.
- Pay reasonable funeral expenses, estate-administration costs, and any debt owed to the Office of the Public Guardian for Elderly Adults first; the DMAHS claim is satisfied before distributions to other creditors or heirs.
- To seek relief, file a request for a waiver or compromise on undue-hardship grounds within 20 days of receiving DMAHS's written notice of its claim.
New Jersey Division of Medical Assistance and Health Services (DMAHS) — Estate Recovery
Phone: 609-588-2900
Visit the agency website →Frequently asked questions
Recovery is deferred while there is a surviving spouse, a surviving child under age 21, or a surviving child who is blind or permanently and totally disabled. When that exception ends — the spouse dies, the child reaches 21, or the disability ends — DMAHS can recover from any remaining estate assets.
Reasonable funeral expenses, reasonable costs of administering the estate, and debts owed to the Office of the Public Guardian for Elderly Adults are paid first. The DMAHS claim comes next, alongside debts and taxes with preference under federal or New Jersey law.
Twenty days. Once DMAHS sends written notice that the estate is subject to a recovery claim, the estate representative has 20 days from receipt to request a waiver or compromise on undue-hardship grounds, with supporting evidence. A late request cannot be granted. DMAHS notifies the applicant of its decision within 45 days.
Sources
Data sourced from Medicaid Estate Recovery in New Jersey primary sources (2 pages reviewed). How we research.
Administering agency
New Jersey Division of Medical Assistance and Health Services (DMAHS) — Estate Recovery
Phone609-588-2900
WebsiteVisit website →
Authority
N.J.S.A. 30:4D-7.2; N.J.A.C. 10:49-14.1
Verified Jul 2026