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

Medicaid Estate Recovery in South Dakota: when someone dies

A 4-step process for South Dakota Department of Social Services — Office of Recoveries and Investigations after a death in South Dakota.

OverviewWhen someone dies

Medicaid Recovery

South Dakota

dss.sd.gov/keyresources/benefitfraud/estate.aspx→

Administering agency

South Dakota Department of Social Services — Office of Recoveries and Investigations

Phone605-773-3653
WebsiteVisit website →

Authority

SDCL 28-6-23, 28-6-23.1; SDCL 29A-3-1201, 29A-3-817

Verified May 2026

Steps to take

  1. Determine whether the deceased received covered Medicaid services after July 1, 1994 — institutional care at any age, or nursing facility, home and community based, intermediate care, hospital, or prescription drug services at age 55 or older.
  2. Contact the DSS Office of Recoveries and Investigations to confirm whether a recovery claim applies and the amount of the debt.
  3. Address the Department's claim as a debt of the estate — through the small-estate affidavit process or as a creditor claim filed with the Clerk of Court in probate — before distributing assets to heirs.
  4. If a surviving spouse wishes to limit the spouse's estate liability, file the DSS petition for limitation within six months of the recipient's death (SDCL 28-6-23.1).

South Dakota Department of Social Services — Office of Recoveries and Investigations

Phone: 605-773-3653

Visit the agency website →

Frequently asked questions

Yes. A surviving spouse may file a petition for limitation on a Department of Social Services form within six months of the Medicaid recipient's death. DSS then values the surviving spouse's estate as of the recipient's date of death, and that value limits the amount available for recovery (SDCL 28-6-23.1).

Medicaid Recovery

South Dakota

dss.sd.gov/keyresources/benefitfraud/estate.aspx→

Administering agency

South Dakota Department of Social Services — Office of Recoveries and Investigations

Phone605-773-3653
WebsiteVisit website →

Authority

SDCL 28-6-23, 28-6-23.1; SDCL 29A-3-1201, 29A-3-817

Verified May 2026