Medicaid Estate Recovery in New York
New York recovers Medicaid medical assistance from the estate of a deceased recipient who was age 55 or older when it was paid, or who was permanently institutionalized. Since December 6, 2011, recovery reaches only the probate estate — assets passing outside probate are no longer counted.
OverviewWhen someone dies
Administering agency
New York State Office of the Medicaid Inspector General (OMIG) — Estate Recovery
WebsiteVisit website →
Authority
N.Y. Soc. Serv. Law 369; 18 NYCRR 360-7.11
Verified Jul 2026
Medicaid Estate Recovery in New York: key facts
- Who is subject
- Recipients who were age 55 or older when Medicaid was paid, or who were permanently institutionalized in a nursing or other medical facility.
- Recovery scope
- The probate estate only. The expanded definition that reached non-probate assets (joint property, life estates, living trusts) expired December 6, 2011 (GIS 11 MA/028).
- Recovery deferred
- While there is a surviving spouse, a surviving child under 21, or a surviving child of any age who is certified blind or disabled.
- Undue hardship waiver
- May be waived where the asset is the sole income-producing asset of the beneficiary (such as a limited-income family farm or business), or is real property of modest value (no higher than 50 percent of the county average selling price) that is the beneficiary's primary residence.
Governing law: N.Y. Soc. Serv. Law 369; 18 NYCRR 360-7.11
Frequently asked questions
No. New York recovers only from the probate estate. The expanded estate definition that reached jointly held property, life estates, and living trusts expired December 6, 2011, and districts must not include assets passing outside probate.
Recovery is deferred while there is a surviving spouse, a surviving child under 21, or a surviving child of any age who is certified blind or disabled. Medicaid recovers correctly paid benefits only after these deferral circumstances no longer apply.
When someone dies
Steps after a death in New York
4-step process for New York State Office of the Medicaid Inspector General (OMIG) — Estate Recovery.
View details →
Sources
Data sourced from Medicaid Estate Recovery in New York primary sources (4 pages reviewed). How we research.
Administering agency
New York State Office of the Medicaid Inspector General (OMIG) — Estate Recovery
WebsiteVisit website →
Authority
N.Y. Soc. Serv. Law 369; 18 NYCRR 360-7.11
Verified Jul 2026