Mississippi Medicaid Estate Recovery
After someone who received Medicaid long-term care dies, Mississippi can file a claim against their estate. This guide explains what is recovered, who is protected, and how to ask for relief.
Based on Miss. Code Ann. 43-13-317
What Mississippi recovers
Payments the Division of Medicaid made for nursing facility services, home- and community-based services, and related hospital and prescription drug services on behalf of a Medicaid recipient who was age 55 or older when the assistance was received. Recovery is pursued as a probate creditor claim against the recipient's estate, with the Division noticed as an identified creditor under Miss. Code Ann. 91-7-145.
Mississippi 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
Who is protected from recovery
Surviving spouse: The claim is waived if there is a surviving spouse.
Child under 21: The claim is waived if there is a surviving dependent who is under the age of 21.
Blind or disabled child: The claim is waived if there is a surviving dependent who is blind or disabled (any age).
Undue hardship: The claim is waived, as provided by federal law and regulation, if the Division or a court determines that recovery would cause undue hardship.
Sibling equity interest: Federal baseline protection (42 U.S.C. 1396p(b)(2)): recovery of the home is barred while a sibling with an equity interest who resided in the home for at least one year before institutionalization lives there. Not separately enumerated in Miss. Code Ann. 43-13-317.
Caregiver child: Federal baseline protection (42 U.S.C. 1396p(b)(2)): recovery of the home is barred while a caregiver child who resided in the home for at least two years before institutionalization and provided care that delayed institutionalization lives there. Not separately enumerated in Miss. Code Ann. 43-13-317.
Talk to a probate attorney in Mississippi
Tell us how to reach you and one local probate attorney will contact you, usually within one business day. Free to use, with no obligation.
Settled Estate is not a law firm and does not give legal advice.
Property that may be exempt
- Assets that pass outside the probate estate (for example, property held in joint tenancy, by survivorship, in a living trust, or as a life estate) because Mississippi did not adopt the optional expanded-estate definition and recovers only from the probate estate.
- Homestead property passing to the decedent's surviving spouse, children, or grandchildren (per Estate of Darby v. Stinson and the Mississippi homestead exemption).
Undue-hardship waiver
Mississippi can waive recovery when it would cause an undue hardship for the heirs. Contact Mississippi Division of Medicaid, Bureau of Recovery at 800-421-2408 to request the waiver and confirm deadlines.
Frequently asked questions
Who is protected from Medicaid estate recovery in Mississippi?
What does Mississippi Medicaid recover after death?
Can I apply for an undue-hardship waiver in Mississippi?
Who handles Medicaid estate recovery in Mississippi?
Agency and statute sourcesOfficial references used for this page
Information current as of June 28, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Mississippi can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.