Florida Medicaid Estate Recovery
After someone who received Medicaid long-term care dies, Florida can file a claim against their estate. This guide explains what is recovered, who is protected, and how to ask for relief.
Based on Fla. Stat. 409.9101 (Medicaid Estate Recovery Act); federal authority 42 U.S.C. 1396p(b)
What Florida recovers
Florida recovers the total amount of Medicaid medical assistance paid to or on behalf of a deceased recipient for services provided on or after August 31, 1993 when the recipient was 55 years of age or older. Unlike many states, Florida does not limit recovery to long-term care or nursing home costs: it pursues all Medicaid services received after age 55, including hospitalization, physician and medical treatment, prescription drugs, and institutional and extended care. Recovery cannot exceed the total Medicaid amount paid. The Agency collects by filing a statement of claim against the deceased recipient's probate estate under part VII of chapter 733, Florida Statutes.
Florida recovers only from the probate estate. Assets that pass outside probate, such as joint property with survivorship, life estates, living trusts, and transfer-on-death or pay-on-death accounts, are generally beyond recovery.
55 and older. Florida pursues recovery for Medicaid medical assistance paid for services provided on or after August 31, 1993 when the recipient was 55 years of age or older, consistent with the federal baseline at 42 U.S.C. 1396p(b)(1)(B). Florida does not impose recovery on recipients under 55.
Who is protected from recovery
Surviving spouse: no recovery while the recipient is survived by a spouse
Child under 21: no recovery while survived by a child under 21 years of age
Blind or permanently and totally disabled child: no recovery while survived by a child who is blind or permanently and totally disabled under Social Security Administration standards
Undue hardship: the Agency will not recover from an estate when doing so would cause undue hardship for the qualified heirs (for example, the estate property is the heir's primary residence and sole income-producing asset, recovery would deprive an heir of necessities such as food, clothing, shelter, or medical care, or the cost of sale would exceed the property's value)
Property that may be exempt
- Homestead property protected from the claims of creditors under the Florida Constitution and Florida law (the Agency cannot enforce recovery against constitutionally protected homestead that passes to qualifying heirs)
- Any other property determined to be exempt from the claims of creditors under the constitution or laws of Florida
Undue-hardship waiver
Florida can waive recovery when it would cause an undue hardship for the heirs. Contact Florida Agency for Health Care Administration (AHCA), Florida Medicaid Estate Recovery Program (administered by its contracted agent Health Management Systems, a Gainwell Technologies company) at 877-357-3268 to request the waiver and confirm deadlines.
Hardship waiver informationFrequently asked questions
Does Florida recover Medicaid costs from non-probate assets?
Who is protected from Medicaid estate recovery in Florida?
What does Florida Medicaid recover after death?
Can I apply for an undue-hardship waiver in Florida?
Who handles Medicaid estate recovery in Florida?
Settling an estate with a Medicaid claim?
Use the Florida probate assessment to organize the estate and see how the claim fits the process.
Information current as of June 28, 2026
This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Florida can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.