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

Medicaid Estate Recovery in Virginia: when someone dies

A 4-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 May 2026

Steps to take

  1. Determine whether the deceased received Virginia Medicaid medical assistance at age 55 or older.
  2. Notify DMAS of the death and request a statement of any estate recovery claim against the estate.
  3. Address the claim as a debt of the estate before distributing assets to heirs.
  4. Request an undue-hardship waiver in writing if the estate is a modest home, family farm, or the sole income-producing asset of the heirs.

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.

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 May 2026