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

Medicaid Estate Recovery in West Virginia: when someone dies

A 5-step process for West Virginia Department of Human Services, Bureau for Medical Services — Estate Recovery after a death in West Virginia.

OverviewWhen someone dies

Medicaid Recovery

West Virginia

bms.wv.gov→

Administering agency

West Virginia Department of Human Services, Bureau for Medical Services — Estate Recovery

Phone304-342-1604
WebsiteVisit website →

Authority

W. Va. Code 9-5-11c

Verified Jul 2026

Steps to take

  1. Confirm whether the deceased received Medicaid-paid nursing facility, home and community-based, or related hospital or prescription drug services at age 55 or older.
  2. Check the value of the estate admitted to probate — West Virginia imposes no recovery on estates valued at $5,000 or less.
  3. Contact the Bureau for Medical Services at 304-342-1604 to find out whether a recovery claim applies and request the amount.
  4. Address any claim as a debt of the estate before distributing assets to heirs.
  5. Apply for an undue hardship waiver within 45 days of the lien placement or the filing of the proof of claim if recovery would cause substantial hardship to the surviving dependents.

West Virginia Department of Human Services, Bureau for Medical Services — Estate Recovery

Phone: 304-342-1604

Visit the agency website →

Frequently asked questions

The Bureau for Medical Services may waive a claim if it determines, under applicable federal law and rules, that the claim will cause substantial hardship to the surviving dependents of the deceased. The application must be submitted within 45 days of the lien placement or the filing of the proof of claim, and BMS has 90 days from receipt to decide.

SimplyTrustSimplyTrust Editorial·Updated July 14, 2026

Sources

  • bms.wv.gov
  • code.wvlegislature.gov

Data sourced from Medicaid Estate Recovery in West Virginia primary sources (5 pages reviewed). How we research.

Medicaid Recovery

West Virginia

bms.wv.gov→

Administering agency

West Virginia Department of Human Services, Bureau for Medical Services — Estate Recovery

Phone304-342-1604
WebsiteVisit website →

Authority

W. Va. Code 9-5-11c

Verified Jul 2026
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