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Home→Agencies→Medicaid Estate Recovery→North Dakota→When someone dies

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

Medicaid Recovery

North Dakota

hhs.nd.gov/healthcare-coverage/medicaid/estate-recovery→

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 May 2026

Steps to take

  1. Determine whether the deceased received Medicaid at age 55 or older, or was permanently institutionalized.
  2. 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.
  3. Contact the Estate Recovery Unit to confirm whether a claim applies and request the amount.
  4. 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.

Medicaid Recovery

North Dakota

hhs.nd.gov/healthcare-coverage/medicaid/estate-recovery→

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 May 2026