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Home→Agencies→Medicaid Recovery→When someone dies

Notifying the Medicaid Recovery when someone dies

Executor is responsible for notifying the Medicaid Recovery — Resolved during estate administration

OverviewWhen someone dies

Medicaid Recovery

State Benefits

medicaid.gov/medicaid/eligibility-policy/estate-recovery/index.html→
Medicaid Recovery

Medicaid Estate Recovery

WebsiteVisit website→
Verified May 2026

When someone dies, the Medicaid Estate Recovery (Medicaid Recovery) must be notified. The executor is responsible for notifying the Medicaid Recovery.

Notification deadline: During estate administration (state claim windows vary).

Steps to take

Steps for notifying the Medicaid Recovery and applying for survivor benefits:

1
Determine whether the deceased received Medicaid-funded long-term care (nursing facility, home and community-based services, or related hospital and prescription drug services) at age 55 or older, or was permanently institutionalized.
2
Contact the state Medicaid agency or its estate recovery unit to confirm whether a recovery claim applies and to request a statement of the amount.
3
Identify whether recovery is deferred or an exemption applies:
  • •Recovery is deferred while a surviving spouse is alive
  • •Recovery is deferred while there is a surviving child under 21, or a child of any age who is blind or has a disability
  • •Many states defer or waive recovery for an undue-hardship case (for example, an heir's primary residence or income-producing asset)
4
Address the state's claim as a debt of the estate before distributing assets to heirs.
5
Request a hardship waiver through the state process if an exemption may apply.

Required Documents

  • Death certificate
  • Letters testamentary or letters of administration
  • The deceased's Medicaid identification or case number, if known
  • An inventory of estate assets

Timeline

Resolved during estate administration


Frequently asked questions

Medicaid estate recovery is the process by which a state recovers what it paid for certain Medicaid benefits from the estate of a deceased recipient. Federal law requires states to recover for long-term care and related services provided to recipients age 55 or older, and for anyone who was permanently institutionalized.

The executor or administrator of the estate handles the claim. The state Medicaid agency files a claim against the estate, and the claim is treated as a debt of the estate that is addressed before assets are distributed to heirs.

Federal law defers recovery while a surviving spouse is living, or while there is a surviving child under 21 or a child of any age who is blind or has a disability. States also provide an undue-hardship waiver process. The specific exemptions and how to request a waiver are set by each state.

Keep copies of all documents submitted to the Medicaid Recovery. Original documents submitted for verification are typically returned after processing.

Medicaid Recovery

State Benefits

medicaid.gov/medicaid/eligibility-policy/estate-recovery/index.html→
Medicaid Recovery

Medicaid Estate Recovery

WebsiteVisit website→
Verified May 2026