Medicaid Estate Recovery in Wisconsin

Wisconsin recovers Medicaid and long-term care costs from the estate of a deceased recipient, and also from the estate of a deceased nonrecipient surviving spouse. By statute, the property reached includes assets that passed through joint tenancy, tenancy in common, survivorship, life estate, or a revocable trust — not only assets that went through probate.

OverviewWhen someone dies

Medicaid Recovery

Wisconsin

dhs.wisconsin.gov/medicaid/erp.htm→

Administering agency

Wisconsin Department of Health Services — Estate Recovery Program

Phone608-264-6755

WebsiteVisit website →

Authority

Wis. Stat. 49.496; Wis. Stat. 49.849

Verified Jul 2026

Medicaid Estate Recovery in Wisconsin: key facts

Recovery scope: Medical assistance paid while the recipient resided in a nursing home, or while the recipient was a hospital inpatient required to contribute to the cost of care, plus home- and community-based services, long-term care program services, and personal care services received at age 55 or older (Wis. Stat. 49.496(3)(a)).
Property reached: "Property of a decedent" includes assets transferred to a survivor, heir, or assignee through joint tenancy, tenancy in common, survivorship, life estate, revocable trust, or any other arrangement, excluding an irrevocable trust (Wis. Stat. 49.496(1)(cm), 49.849(1)(d)).
Recovery deferred: The Department may not collect while the decedent is survived by a spouse, a child under age 21, or a disabled child of any age (Wis. Stat. 49.496(3)(b), 49.849(2)(a)2.).
Lien on real property: The Department has a lien on the decedent's real property, recordable with the county register of deeds, but may not foreclose it while the decedent's spouse, or a child under 21 or disabled, is alive (Wis. Stat. 49.849(4)(a), (4)(b)).
Hardship waiver: A person who co-owned property with the decedent or who is a beneficiary of the property may request a hardship waiver from the Department; the Department's recovery affidavit must say so (Wis. Stat. 49.849(3)(c)5.).
Personal property heirs keep: Recovery is reduced so heirs or will beneficiaries may retain the decedent's wearing apparel and personal jewelry, household furniture, furnishings, and appliances, and other non-business tangible personal property (Wis. Stat. 49.849(2)(b)).
Right to a hearing: A person who possesses property of the decedent and receives a recovery affidavit may request a departmental fair hearing on the value of the property and the extent of the recipient's interest within 45 days after the affidavit was sent (Wis. Stat. 49.849(5m)).

Governing law: Wis. Stat. 49.496; Wis. Stat. 49.849

When someone dies

Steps after a death in Wisconsin

5-step process for Wisconsin Department of Health Services — Estate Recovery Program.

View details →

SimplyTrust Editorial·Updated July 14, 2026

Sources

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

Medicaid Recovery

Wisconsin

dhs.wisconsin.gov/medicaid/erp.htm→

Administering agency

Wisconsin Department of Health Services — Estate Recovery Program

Phone608-264-6755

WebsiteVisit website →

Authority

Wis. Stat. 49.496; Wis. Stat. 49.849

Verified Jul 2026

Medicaid Estate Recovery in Wisconsin: key facts

Recovery scope

Medical assistance paid while the recipient resided in a nursing home, or while the recipient was a hospital inpatient required to contribute to the cost of care, plus home- and community-based services, long-term care program services, and personal care services received at age 55 or older (Wis. Stat. 49.496(3)(a)).

Property reached

"Property of a decedent" includes assets transferred to a survivor, heir, or assignee through joint tenancy, tenancy in common, survivorship, life estate, revocable trust, or any other arrangement, excluding an irrevocable trust (Wis. Stat. 49.496(1)(cm), 49.849(1)(d)).

Recovery deferred

The Department may not collect while the decedent is survived by a spouse, a child under age 21, or a disabled child of any age (Wis. Stat. 49.496(3)(b), 49.849(2)(a)2.).

Lien on real property

The Department has a lien on the decedent's real property, recordable with the county register of deeds, but may not foreclose it while the decedent's spouse, or a child under 21 or disabled, is alive (Wis. Stat. 49.849(4)(a), (4)(b)).

Hardship waiver

A person who co-owned property with the decedent or who is a beneficiary of the property may request a hardship waiver from the Department; the Department's recovery affidavit must say so (Wis. Stat. 49.849(3)(c)5.).

Personal property heirs keep

Recovery is reduced so heirs or will beneficiaries may retain the decedent's wearing apparel and personal jewelry, household furniture, furnishings, and appliances, and other non-business tangible personal property (Wis. Stat. 49.849(2)(b)).

Right to a hearing

A person who possesses property of the decedent and receives a recovery affidavit may request a departmental fair hearing on the value of the property and the extent of the recipient's interest within 45 days after the affidavit was sent (Wis. Stat. 49.849(5m)).

Governing law: Wis. Stat. 49.496; Wis. Stat. 49.849