Minnesota Medicaid Estate Recovery
After someone who received Medicaid long-term care dies, Minnesota can file a claim against their estate. This guide explains what is recovered, who is protected, and how to ask for relief.
Based on Minn. Stat. 256B.15 (claims against estates), with related expanded-estate provisions; federal baseline 42 U.S.C. 1396p(b).
What Minnesota recovers
Minnesota recovers the cost of Medical Assistance (Medicaid) correctly paid on behalf of a deceased recipient. For recipients age 55 or older, this includes the cost of nursing facility services, home and community-based waiver services, related hospital and prescription drug costs, and Alternative Care program services. For a recipient of any age who was a permanent resident of a medical institution (institutionalized roughly six months or more and not reasonably expected to return home), the state may recover all Medical Assistance paid during that period. General Assistance Medical Care paid under former chapter 256D is also recoverable. Recovery is made as a claim against the deceased recipient's estate, which Minnesota defines broadly to reach certain assets that pass outside probate, such as joint tenancy interests, life estates, and assets in a living trust.
Minnesota 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.
55 or older for nursing facility, home and community-based, and related hospital/drug services (federal 42 U.S.C. 1396p(b) baseline); recovery also applies to recipients of any age who were permanent residents of a medical institution.
Who is protected from recovery
Surviving spouse: No recovery while a spouse survives the recipient. Minnesota may later assert a claim against the estate of the surviving spouse for assets that passed from the recipient, but no recovery is made during the surviving spouse's lifetime.
Child under 21: No recovery while a surviving child under age 21 is living.
Blind or disabled child: No recovery while a surviving child of any age who is blind or permanently and totally disabled is living.
Sibling with equity interest: A surviving sibling who has an equity interest in the home and resided in the recipient's home for at least one year immediately before the recipient's institutionalization and continuously since: recovery is limited to nonhomestead property (the homestead is protected).
Caregiver child or grandchild: A son, daughter, or grandchild who resided in the recipient's home for at least two years immediately before the parent's or grandparent's institutionalization and continuously since, and who provided care that allowed the recipient to remain at home: recovery is limited to nonhomestead property (the homestead is protected).
Homestead property tax classification: Real property occupied by the surviving spouse and classified as homestead for property tax purposes is exempt from recovery.
Property that may be exempt
- Homestead real property occupied by the surviving spouse as the spouse's sole residence and classified as homestead for property tax purposes (no recovery while the spouse lives there).
- Homestead real property where a qualifying child, sibling, or caregiver child/grandchild continuously resides: recovery against the homestead is deferred or barred until that person no longer resides there or the property is sold or transferred.
- Where an undue hardship waiver is granted to a non-spouse who actually and continuously occupied the property as their residence for at least 180 days before the decedent died and it is classified as homestead, no recovery may be made until that person no longer resides there or the property is sold or transferred.
Undue-hardship waiver
Minnesota can waive recovery when it would cause an undue hardship for the heirs. Contact Minnesota Department of Human Services, Special Recovery Unit (Benefit Recovery Section) at 651-431-3204 to request the waiver and confirm deadlines.
Frequently asked questions
Does Minnesota recover Medicaid costs from non-probate assets?
Who is protected from Medicaid estate recovery in Minnesota?
What does Minnesota Medicaid recover after death?
Can I apply for an undue-hardship waiver in Minnesota?
Who handles Medicaid estate recovery in Minnesota?
Settling an estate with a Medicaid claim?
Use the Minnesota 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 Minnesota can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.