South Carolina Medicaid Estate Recovery
After someone who received Medicaid long-term care dies, South Carolina can file a claim against their estate. This guide explains what is recovered, who is protected, and how to ask for relief.
Based on S.C. Code Ann. Section 43-7-460 (Recovery of medical assistance paid from estates); the term estate is defined by cross-reference to the probate code at S.C. Code Ann. Section 62-1-201(11). Federal authority: 42 U.S.C. Section 1396p(b).
What South Carolina recovers
SCDHHS recovers Medicaid payments made on behalf of a deceased member for nursing facility services, home and community-based long term care services (including related prescriptions and hospital stays), hospice, and intermediate care facility services for the intellectually disabled. Recovery is sought as a claim filed in the probate estate after higher-priority claims (such as mortgage, funeral expenses, and probate fees) are satisfied. Only services received on or after July 1, 1994 are recoverable. Per SCDHHS materials, the estate must be valued at more than $25,000 and Medicaid claims paid must exceed $500 for the department to pursue recovery.
South Carolina 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 (recovery is barred while a surviving spouse is living)
Surviving child under age 21
Surviving child of any age who is blind or permanently and totally disabled
Sibling with an equity interest in the home who resided there for at least one year before the member's institutionalization
Caregiver child (non-disabled) who resided in the home for at least two years before the member's institutionalization and provided care that delayed institutionalization
Undue hardship waiver (recovery must be waived upon proof of undue hardship asserted by an heir or devisee)
Property that may be exempt
- Homestead of modest value (a home worth 50 percent or less of the average home price in the county may be protected)
- The decedent's home and land may not have to be sold if other estate assets are available to satisfy the Medicaid claim
Undue-hardship waiver
South Carolina can waive recovery when it would cause an undue hardship for the heirs. Contact South Carolina Department of Health and Human Services (SCDHHS) at (803) 898-2932 to request the waiver and confirm deadlines.
Hardship waiver informationFrequently asked questions
Does South Carolina recover Medicaid costs from non-probate assets?
Who is protected from Medicaid estate recovery in South Carolina?
What does South Carolina Medicaid recover after death?
Can I apply for an undue-hardship waiver in South Carolina?
Who handles Medicaid estate recovery in South Carolina?
Settling an estate with a Medicaid claim?
Use the South Carolina 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 South Carolina can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.