Virginia Medicaid Estate Recovery
After someone who received Medicaid long-term care dies, Virginia can file a claim against their estate. This guide explains what is recovered, who is protected, and how to ask for relief.
Based on Va. Code Ann. 32.1-326 and 32.1-327; 12VAC30-20-141; federal baseline 42 U.S.C. 1396p(b)
What Virginia recovers
DMAS recovers Medicaid (medical assistance) payments made on behalf of a member for services received on or after the member turned age 55. Recovery happens only after the member's death, by filing a claim against the estate. DMAS may collect up to the lesser of the total payments made or the value of the estate. The recoverable estate can include the member's home even if the home was not counted when determining Medicaid eligibility. The estate value is first reduced by certain expenses such as administrator costs and expenses, federal debts, and taxes.
Virginia 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 and older
Who is protected from recovery
Surviving spouse: no estate recovery while there is a surviving spouse who has not been a Medicaid member; recovery is deferred until after the surviving spouse's death
Surviving child under age 21: no recovery if the member is survived by a child under age 21
Surviving blind or disabled child: no recovery if the member is survived by a child who is blind or disabled, regardless of the child's age
Undue hardship: DMAS may waive all or part of its claim if enforcement would cause undue hardship on the member's dependent or heir (appeal of a denial allowed within 30 days)
Special consideration when the estate is the sole income-producing asset of survivors, such as a family farm, family business, or a homestead of modest value
Property that may be exempt
- Certain American Indian and Alaska Native income and resource interests, and income derived from tribal land or resources, which are exempt by other laws and regulations
- Assets or resources that were disregarded because the member owned a qualified long-term care partnership insurance policy (per 12VAC30-40-290 G)
Undue-hardship waiver
Virginia can waive recovery when it would cause an undue hardship for the heirs. Contact Virginia Department of Medical Assistance Services (DMAS) to request the waiver and confirm deadlines.
Hardship waiver informationFrequently asked questions
Does Virginia recover Medicaid costs from non-probate assets?
Who is protected from Medicaid estate recovery in Virginia?
What does Virginia Medicaid recover after death?
Can I apply for an undue-hardship waiver in Virginia?
Who handles Medicaid estate recovery in Virginia?
Settling an estate with a Medicaid claim?
Use the Virginia 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 Virginia can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.