Medicaid Estate Recovery in North Dakota: when someone dies
A 4-step process for North Dakota Department of Health and Human Services — Estate Recovery Unit after a death in North Dakota.
OverviewWhen someone dies
Administering agency
North Dakota Department of Health and Human Services — Estate Recovery Unit
Phone(701) 328-2311
WebsiteVisit website →
Authority
N.D.C.C. 50-24.1-07
Verified Jul 2026
Steps to take
- Determine whether the deceased received Medicaid at age 55 or older, or was permanently institutionalized.
- As personal representative, forward to the department a copy of the probate or heirship petition with a list of heirs, devisees, and surviving joint tenants.
- Contact the Estate Recovery Unit to confirm whether a claim applies and request the amount.
- Pay the department's preferred claim as a debt of the estate, in the statutory order, before distributing remaining assets to heirs.
North Dakota Department of Health and Human Services — Estate Recovery Unit
Phone: (701) 328-2311
Visit the agency website →Frequently asked questions
No. North Dakota recovers the total medical assistance paid on behalf of a member after their 55th birthday, or after permanent institutionalization. The amount is a preferred claim against the estate after recipient liability, funeral expenses up to $3,500, last-illness expenses, and estate administration costs are paid.
Under N.D.C.C. 50-24.1-07, no claim is required to be paid during the lifetime of a surviving spouse, or while there is a surviving child under 21 or a surviving child of any age who is blind or permanently and totally disabled. A timely filed claim is not disallowed by these deferrals.
Sources
Data sourced from Medicaid Estate Recovery in North Dakota primary sources (2 pages reviewed). How we research.
Administering agency
North Dakota Department of Health and Human Services — Estate Recovery Unit
Phone(701) 328-2311
WebsiteVisit website →
Authority
N.D.C.C. 50-24.1-07
Verified Jul 2026