Georgia Medicaid Estate Recovery
After someone who received Medicaid long-term care dies, Georgia can file a claim against their estate. This guide explains what is recovered, who is protected, and how to ask for relief.
Based on O.C.G.A. Section 49-4-147.1; implemented by Ga. Comp. R. & Regs. Chapter 111-3-8 (estate recovery), with the expanded estate definition at 111-3-8-.02(7); federal authority 42 U.S.C. 1396p(b).
What Georgia recovers
The cost of Medicaid (medical assistance) paid on the deceased member's behalf for nursing facility services, intermediate care facility services for individuals with intellectual disability, home and community-based services provided as an alternative to institutionalization, and related hospital and prescription drug services. Georgia uses an expanded estate definition: recovery reaches the probate estate and also non-probate property the member had an interest in at death, including jointly held property with right of survivorship, life estates, and assets passing by survivorship, trust, annuity, or similar arrangement. The first $25,000 of the gross estate is exempt (waived) for deaths on or after July 1, 2018, and estates with a gross value of $25,000 or less are fully exempt.
Georgia uses an expanded estate definition and can reach certain assets that pass outside probate. Check the details and sources below, because the reach depends on the asset type.
Age 55 or older when the member received nursing facility, personal care, home and community-based, or related hospital and prescription drug services. Members of any age are also subject if they were permanently institutionalized (inpatient in a nursing facility, ICF/IID, or other medical institution) at death. This tracks the federal baseline of 55 and older under 42 U.S.C. 1396p(b).
Who is protected from recovery
Surviving spouse: no recovery is pursued while the spouse is living.
Child under age 21: recovery is deferred while such a child survives.
Child who is blind or permanently and totally disabled (any age): recovery is deferred.
Sibling with an equity interest in the home who resided there for at least one year immediately before the member's institutionalization (while that sibling lives in the home).
Caretaker child who resided in the home for at least two years immediately before the member's institutionalization and provided care that delayed nursing-home placement (while that child lives in the home).
No action to recover assets (including the home or property) is taken while the member, the member's spouse, or qualified children are living in the home.
Undue-hardship waiver: heirs may apply for a waiver by showing through clear and convincing evidence that recovery would cause undue hardship.
Property that may be exempt
- Estates with a gross value of $25,000 or less are fully exempt from estate recovery.
- The first $25,000 of any estate is exempt (the Commissioner waives any claim against it) for deaths on or after July 1, 2018.
- Income-producing property, such as a family farm that is the heir's primary source of income, may qualify for relief under the undue-hardship waiver.
Undue-hardship waiver
Georgia can waive recovery when it would cause an undue hardship for the heirs. Contact Georgia Department of Community Health (DCH), Estate Recovery Unit at 770-916-0328 to request the waiver and confirm deadlines.
Hardship waiver informationFrequently asked questions
Does Georgia recover Medicaid costs from non-probate assets?
Who is protected from Medicaid estate recovery in Georgia?
What does Georgia Medicaid recover after death?
Can I apply for an undue-hardship waiver in Georgia?
Who handles Medicaid estate recovery in Georgia?
Settling an estate with a Medicaid claim?
Use the Georgia 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 Georgia can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.