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Home→Agencies→Medicaid Estate Recovery→Virginia→When someone dies

Medicaid Estate Recovery in Virginia: when someone dies

A 5-step process for Virginia Department of Medical Assistance Services (DMAS) — Estate Recovery after a death in Virginia.

OverviewWhen someone dies

Medicaid Recovery

Virginia

dmas.virginia.gov→

Administering agency

Virginia Department of Medical Assistance Services (DMAS) — Estate Recovery

WebsiteVisit website →

Authority

Va. Code § 32.1-326.1; 12VAC30-20-141

Verified Jul 2026

Steps to take

  1. Determine whether the deceased received Virginia Medicaid medical assistance at age 55 or older.
  2. DMAS determines after the member's death whether estate recovery is appropriate and, if so, files a claim against the estate for the medical assistance payments made.
  3. Address the claim as a debt of the estate before distributing assets to heirs. Heirs who want to keep the home instead of selling it may contact DMAS to arrange other repayment options.
  4. Apply for an undue-hardship waiver if the estate is a homestead of modest value, a family farm or business, or the sole income-producing asset of survivors. If the request is denied, a written appeal may be filed within 30 days after receipt of the DMAS denial letter or the distribution of estate assets, whichever occurs first.
  5. Direct questions about a specific case to an eligibility worker at the local department of social services, which is the contact route DMAS publishes.

Virginia Department of Medical Assistance Services (DMAS) — Estate Recovery

Visit the agency website →

Frequently asked questions

No. Virginia's estate recovery regulation (12VAC30-20-141) defines the estate to include all real and personal property held at death and any other property in which the recipient had any legal title or interest at death. That definition is broader than the probate estate.

Under 12VAC30-20-141, adjustment or recovery can only be made after the death of the recipient's surviving spouse, if any, and only at a time when there is no surviving child under age 21 and no blind or disabled child. Recovery is also waived for undue hardship, when the heirs are themselves Medicaid eligible, and when recovery would not be cost effective.

SimplyTrustSimplyTrust Editorial·Updated July 14, 2026

Sources

  • dmas.virginia.gov
  • law.lis.virginia.gov

Data sourced from Medicaid Estate Recovery in Virginia primary sources (4 pages reviewed). How we research.

Medicaid Recovery

Virginia

dmas.virginia.gov→

Administering agency

Virginia Department of Medical Assistance Services (DMAS) — Estate Recovery

WebsiteVisit website →

Authority

Va. Code § 32.1-326.1; 12VAC30-20-141

Verified Jul 2026
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