Tennessee Medicaid Estate Recovery
After someone who received Medicaid long-term care dies, Tennessee can file a claim against their estate. This guide explains what is recovered, who is protected, and how to ask for relief.
Based on Tenn. Code Ann. 71-5-116 (TennCare estate recovery); federal authority 42 U.S.C. 1396p(b)
What Tennessee recovers
TennCare recovers the cost of long-term care services it paid for members enrolled in CHOICES Groups 1, 2, or 3 (nursing facility care and home and community based services) when the member received that care at age 55 or older. Recovery is collected by filing a claim against the deceased member's estate through the Request for Release process.
Tennessee 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.
Important: Tennessee is a limited exception among probate-only states. Courts have allowed TennCare to ask that assets in a revocable living trust be brought back into the estate to satisfy its claim, so a living trust by itself may not protect the home. Property the member held only with a right of survivorship is currently not reached. Confirm your own situation with a Tennessee elder-law attorney.
55 and older. TennCare seeks recovery of long-term care costs when the member received care at age 55 or older, consistent with the federal baseline at 42 U.S.C. 1396p(b).
Who is protected from recovery
Surviving spouse: recovery is waived while a spouse survives
Child under 21: recovery is waived while a child under 21 survives
Blind or disabled child: recovery is waived while a blind or disabled child of any age survives
Undue hardship: waived or delayed when the estate is the survivors' sole income-producing asset, such as a family farm or business
Sibling caretaker who meets residency and care requirements (deferral or waiver)
Adult child caregiver who meets residency and care requirements (deferral or waiver)
Property that may be exempt
- Property that is the sole income-producing asset of the survivors, such as a family farm or other family business (may qualify for an undue-hardship waiver)
Undue-hardship waiver
Tennessee can waive recovery when it would cause an undue hardship for the heirs. Contact Division of TennCare, RFR Processing Unit (Tennessee Medicaid) at 866-389-8444 to request the waiver and confirm deadlines.
Hardship waiver informationFrequently asked questions
Does Tennessee recover Medicaid costs from non-probate assets?
Who is protected from Medicaid estate recovery in Tennessee?
What does Tennessee Medicaid recover after death?
Can I apply for an undue-hardship waiver in Tennessee?
Who handles Medicaid estate recovery in Tennessee?
Settling an estate with a Medicaid claim?
Use the Tennessee 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 Tennessee can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.