Recovering Medicaid Costs From Estates
 Estate Recovery

The State of Utah recovers funds from the estate of a Medicaid recipient, provided that there is no child who is blind, or disabled, or under age 21.   Recovery takes place only after the death of both the recipient and the surviving spouse, if any.   The maximum amount of recovery is the amount of Medicaid paid for medical expenses for a recipient age 56 and older.  Common questions are listed below.

If my home is exempt for eligibility, will it also be exempt from Estate Recovery?

No, while your home may be exempt for purposes of determining Medicaid eligibility, it will not be exempt from Estate Recovery. However, recovery takes place only after the death of both the recipient and the recipient's spouse.

How does the State of Utah proceed with Estate Recovery?  The State does not initiate any recovery until after the death of the recipient and the recipient's spouse.  After the death of the recipient and his or her spouse, the Office of Recovery Services (ORS) initiates the Estate Recovery process.

• ORS contacts a representative of the heirs after the death of the recipient.
• ORS may record a lien against real property of a deceased recipient for purposes of Estate recovery.
• ORS may file a claim with the probate court for the amount of the medical assistance provided.
• Utah Code states that "...medical assistance correctly paid...is recoverable from the estate of the deceased recipient."

For more information, please contact the Office of Recovery Services.