Florida Medicaid estate recovery
Last checked: May 18, 2026
Florida Medicaid estate recovery is a claim the state may file after a Medicaid recipient dies. It is not a bill that the family must pay from its own money.
For many Florida families, the biggest fear is the home. The answer depends on probate, homestead status, who survives the person, and whether a hardship waiver may apply.
Quick answer
Florida can seek repayment from a deceased Medicaid recipient’s estate for Medicaid payments made after the person turned 55. The state does this through the Florida Medicaid Estate Recovery Program.
Florida does not simply take a house while the Medicaid recipient is alive. After death, the house may be protected if it is Florida homestead property and the probate judge treats it as exempt from creditor claims. If the property is not protected homestead, or if other estate assets are available, the Medicaid claim may need to be paid before heirs receive non-exempt assets.
Start here
- Do not ignore mail from AHCA, Florida Medicaid TPL Recovery, Gainwell, HMS, the probate court, or the estate lawyer. Keep every letter and envelope.
- Find out if a probate case is open. Ask the personal representative or estate attorney if Florida Medicaid received the required notice and death certificate.
- Call the Florida Medicaid TPL Recovery Program if you have a claim letter. Ask for the Estate Recovery unit, the claim amount, the hardship waiver process, and the deadline for your next step.
Florida warning
Rules can change. Counties, managed care plans, waiver staff, probate courts, and agencies may use different names. Confirm estate recovery, homestead, probate, and hardship waiver questions with official Florida sources and, when a home is involved, a Florida probate or elder law attorney.
Main Florida programs and routes
| Route | Who it helps | Where to start |
|---|---|---|
| Florida Medicaid Estate Recovery Program | Families, personal representatives, and estate attorneys after a Medicaid recipient age 55 or older dies | Florida Medicaid TPL Recovery Program / Estate Recovery unit |
| Probate notice to creditors | Open estates where creditors must file claims | Estate attorney, personal representative, and the probate court handling the estate |
| Statewide Medicaid Managed Care Long-Term Care | People who need nursing facility care or home and community-based long-term care through Medicaid | Aging and Disability Resource Center, also called an ADRC, or the statewide Elder Helpline |
| Florida Medicaid eligibility | People applying for Medicaid or checking financial eligibility | Florida Department of Children and Families, often called DCF, through MyACCESS or Public Benefits & Services |
| Legal help | Families with a house, probate dispute, disabled child, spouse, caregiver child, sibling, trust, or waiver question | Florida Senior Legal Helpline or The Florida Bar Lawyer Referral Service |
What Medicaid estate recovery means
Medicaid estate recovery means Florida asks to be paid back from the estate of a person who received Medicaid. An estate is the property and money that may be handled after a person dies.
In Florida, the Agency for Health Care Administration, called AHCA, runs Medicaid. Its contractor handles the Florida Medicaid Estate Recovery Program.
Florida’s official estate recovery page says public assistance creates a debt that can be enforced only after the Medicaid recipient dies. Florida’s FAQ says the debt includes Medicaid payments for services or goods when the recipient was age 55 or older.
This does not mean every family must write a check. The claim is against the estate. It also does not mean Medicaid estate recovery decides whether a person can get Medicaid now. Florida’s estate recovery FAQ says the program does not affect Medicaid eligibility or benefits.
If you are still trying to get care approved, start with the care route first. Read our plain-English guide to Medicaid home and community-based services, and use the care cost calculator to compare home care, adult day care, assisted living, and nursing home costs.
When estate recovery may apply in Florida
Florida estate recovery may apply when all of these are true:
- The person received Florida Medicaid.
- The person was age 55 or older when Medicaid paid for services or goods.
- The person has died.
- There is an estate, a probate matter, a trust balance, an annuity issue, or another asset that Florida Medicaid may review.
Federal Medicaid rules require states to seek recovery for certain long-term care costs for people age 55 or older. This includes nursing facility services, home and community-based services, and related hospital and prescription drug services. Florida’s own law and FAQ use broader wording for payments made after age 55, so do not assume only nursing home bills count.
Florida law says Medicaid estate recovery is done by AHCA filing a statement of claim against the estate in probate. Florida probate law also requires the personal representative to serve notice and a copy of the death certificate on AHCA within 3 months after the first publication of the notice to creditors when the decedent was 55 or older, unless AHCA has already filed a claim.
For long-term care, Florida uses the Statewide Medicaid Managed Care Long-Term Care program, often called SMMC LTC. AHCA says this is a multi-agency process. AHCA runs the program and enrollment. DCF handles financial eligibility for many aged or disabled applicants. The Department of Elder Affairs handles the medical level-of-care review through CARES.
Is the house at risk?
Sometimes. But the answer is not as simple as “Medicaid takes the house.”
Florida’s estate recovery FAQ says a probate judge decides what property is exempt. It also says that if the Medicaid recipient owned the home as the primary residence and it passes to the person’s relatives, the judge would likely declare it to be homestead protected from creditors. If so, Medicaid or another creditor cannot force its sale.
If the property is not homestead protected, Florida says it may need to be sold to pay Medicaid. Florida law also says that if there are no liquid assets to pay the Medicaid estate recovery claim, non-exempt personal property or real property that is not protected homestead may be sold if the cost of sale will not exceed the value. The law says real property is not transferred to AHCA.
This is why families should not rely on one simple rule. A Florida home can be protected for Medicaid eligibility during life but still raise estate, probate, deed, trust, or creditor questions after death.
Probate estate vs. other assets
Florida’s main estate recovery law talks about AHCA filing a claim in the probate estate. That points families first to the probate case.
But other rules can matter. Florida probate law can make certain revocable trust assets liable for estate obligations if the probate estate does not have enough money. Florida Medicaid also has separate trust and annuity recovery rules, including Qualified Income Trust balances after death.
Do not assume an asset is safe only because it avoids probate. Ask a Florida probate or elder law attorney before selling, transferring, closing, or spending property tied to the estate.
Phone script: asking about the house
“I am calling about a Florida Medicaid estate recovery claim. The deceased person owned a home. I need to know whether the claim is against the probate estate, whether a homestead determination is needed, and how to request a hardship waiver if the home is at risk. What is the next deadline and where should documents be sent?”
Common protections and exemptions
Florida law lists situations where AHCA does not enforce the estate recovery debt. It also lists hardship factors that AHCA must consider.
Surviving spouse
Florida law says the debt is not enforced if the Medicaid recipient is survived by a spouse. Tell the Estate Recovery unit if there is a surviving spouse. Be ready to send a death certificate, marriage proof if asked, and the spouse’s contact information.
Child under 21
Florida law says the debt is not enforced if the recipient is survived by a child or children under age 21. This Medicaid rule uses age 21. Do not assume the word “minor” means age 18 for this purpose.
Blind or permanently and totally disabled child
Florida law says the debt is not enforced if the recipient is survived by a child who is blind or permanently and totally disabled under Medicaid eligibility rules. Florida’s estate recovery FAQ says the Agency needs enough verification.
Florida homestead
Florida law says no debt under the estate recovery section can be enforced against property that is exempt from creditor claims under Florida law. Florida’s constitution protects certain homestead property from forced sale by most creditors and says the exemption passes to the surviving spouse or heirs.
Homestead is a legal question. The property tax homestead exemption and the probate homestead protection are not the same thing. A Florida probate judge may need to decide the issue.
Sibling or caregiver child
Florida’s estate recovery hardship law says AHCA must consider whether an heir can document that they provided full-time care that delayed nursing home entry. The heir must be the decedent’s sibling, son, or daughter and must have lived with the Medicaid recipient for at least 1 year before death.
This does not mean every caregiver child or sibling gets an automatic waiver. It means this fact can support a hardship request if it is documented.
Other hardship factors
Florida law also says AHCA must consider whether the heir lives in the decedent’s residence, lived there when the decedent died, used it as a primary residence for the 12 months before death, and owns no other residence. AHCA also considers whether recovery would deprive the heir of food, clothing, shelter, or medical care needed for life or health.
Hardship waivers
A hardship waiver is a request to reduce or waive part or all of the Medicaid estate recovery claim because collection would cause a serious hardship.
Florida law says a personal representative or any heir may request a waiver when recovery would create hardship. Florida also says hardship is not shown only because an heir will lose an expected inheritance.
Florida’s state plan materials say the request should be documented with specific, verifiable, and relevant information. They also show that AHCA may review estate inventory, proposed distribution of assets, whether there is a legitimate heir, whether the claim is flawed, humanitarian factors, property value, and the cost of dispute.
Documents to gather for a hardship request
- Death certificate.
- Medicaid ID, case number, or claim letter.
- Probate case number, if there is one.
- Notice to creditors, notice of administration, or estate letters.
- Will, trust, deed, mortgage, tax bill, and homestead papers.
- Estate inventory and bank statements near the date of death.
- Proof of surviving spouse, child under 21, or disabled child, if that applies.
- Proof that a son, daughter, or sibling lived with the person and gave full-time care for at least 1 year, if you are using that hardship route.
- Medical records, care notes, discharge papers, home care records, or nursing home admission papers that show the care delayed nursing home entry.
- Proof of income, rent, mortgage, food, medical bills, and other hardship facts.
Phone script: asking for the hardship waiver form
“I am an heir or family caregiver for a deceased Florida Medicaid recipient. We received or expect an estate recovery claim. I need the hardship waiver form and a list of supporting documents. Please tell me the deadline, mailing address, email or fax option, and how to confirm you received it.”
What families should not do
- Do not ignore a claim letter. Deadlines can run even if the family is grieving or confused.
- Do not sell, deed, or transfer the house without legal advice. This can create probate, Medicaid, tax, or title problems.
- Do not spend estate money before creditor claims are handled. Florida law sets an order for estate expenses and claims.
- Do not close a Qualified Income Trust, special needs trust, pooled trust, annuity, or guardianship account without checking the payback rules.
- Do not assume “homestead” means the same thing in every setting. Property tax homestead, Medicaid eligibility, and probate creditor protection are different issues.
- Do not rely only on what a nursing home, neighbor, or social media post says. Confirm with AHCA, the Estate Recovery unit, the probate court, and a Florida lawyer when a home is involved.
- Do not miss a fair hearing or appeal notice. If you disagree with a decision, ask how to get it in writing and how to appeal.
If the first answer is no
If someone says “there is no help,” slow the process down and ask for the exact rule. Write down the date, time, phone number, and name of the person you spoke with.
- Ask for the answer in writing.
- Ask which agency made the decision.
- Ask for the appeal, fair hearing, or waiver instructions.
- Ask for a copy of the paid claims data or estate recovery claim, if you need to review the amount.
- Call back and ask for the Estate Recovery unit if you reached the wrong office.
- Get legal help before signing a settlement, selling the home, or giving up a homestead or hardship claim.
Who to contact in Florida
If the person has died and there is a Medicaid estate recovery question
Call the Florida Medicaid TPL Recovery Program and ask for Estate Recovery.
- Phone: 877-FLRECOV or 877-357-3268.
- Email listed by the program: flsubro@gainwelltechnologies.com.
- Mail: Florida Medicaid TPL Recovery Program, P.O. Box 12188, Tallahassee, FL 32317-2188.
Ask for the claim amount, the paid claims period, the hardship waiver form, and the next deadline.
If you are applying for long-term care now
Call your local Aging and Disability Resource Center, or call Florida’s Elder Helpline at 1-800-96-ELDER, which is 1-800-963-5337. Ask for SMMC Long-Term Care screening.
Say: “My family member may need nursing facility care or Medicaid long-term care at home. I need the SMMC Long-Term Care screening and I also need to understand estate recovery before we apply.”
If you need Medicaid financial eligibility help
Contact Florida DCF Public Benefits & Services through MyACCESS. As of this check, DCF’s contact page listed Public Benefits & Services at 850-300-4323 and Relay 711. AHCA’s long-term care page also points applicants to DCF and lists 1-866-762-2237 for Medicaid information. If one route does not work, use the other official route and check the current DCF page.
If you have a Medicaid coverage or plan question
AHCA lists the Florida Medicaid Helpline at 1-877-254-1055, with TDD 1-866-467-4970.
If you need legal help
For estate recovery, homestead, probate, trusts, disabled child protections, or hardship waiver questions, talk with a Florida lawyer. Florida’s Senior Legal Helpline may help eligible Florida residents age 60 or older with civil legal questions. The Florida Bar Lawyer Referral Service can refer people to a licensed attorney.
Related caregiver help
If your family is still planning care, payment, or home support, these guides may help:
FAQ
Can Florida Medicaid take the house while the person is alive?
Estate recovery is enforced after death. The bigger issue while the person is alive is Medicaid eligibility and whether the home counts as an asset. That is a separate question from estate recovery.
Does Florida recover only nursing home costs?
Federal law focuses on long-term care costs for people age 55 or older. Florida’s estate recovery FAQ says the debt includes all Medicaid payments for services or goods when the recipient was age 55 or older. Ask the Estate Recovery unit for the paid claims data if the amount looks wrong.
What happens if there is a surviving spouse?
Florida law says the debt is not enforced if the Medicaid recipient is survived by a spouse. Send the proof requested by the Estate Recovery unit or estate attorney.
What if there is a disabled child?
Florida law says the debt is not enforced if the recipient is survived by a child who is blind or permanently and totally disabled under Medicaid eligibility rules. Ask what proof is needed.
Is Florida homestead always safe?
No one should use the word “always” here. Florida’s estate recovery FAQ says a probate judge decides what is exempt. If the home was the person’s primary residence and passes to relatives, it may be homestead protected from creditors. Get legal help before acting.
How do I request a hardship waiver?
Contact the Florida Medicaid Estate Recovery Program and ask for the hardship waiver form. Ask for the deadline and the documents needed. Keep proof that you sent the request.
Who must tell Florida Medicaid about the death?
When a probate estate is opened for a person who died at age 55 or older, Florida probate law says the personal representative must serve notice and a copy of the death certificate on AHCA within 3 months after first publication of the notice to creditors, unless AHCA already filed a claim.
What if there is no probate case?
Do not guess. If there is a home, trust, bank account, annuity, Qualified Income Trust, or other property, ask a Florida probate or elder law attorney what must be done. You can also call the Florida Medicaid TPL Recovery Program to ask whether they need notice or records.
Resumen en espanol
La recuperacion de Medicaid en Florida es un reclamo contra el patrimonio de una persona que recibio Medicaid y murio. No es una cuenta que la familia debe pagar con su propio dinero.
Si hay una casa, no firme, venda, transfiera ni cierre cuentas sin ayuda legal. Llame al Programa de Recuperacion de Medicaid de Florida y pregunte por “Estate Recovery,” el reclamo, la exencion por dificultad, y la fecha limite.
About this guide
This guide was written for family caregivers who need to understand Florida Medicaid estate recovery, house risk, and first calls. It uses official Florida and federal sources first. It does not replace advice from a Florida lawyer.
Disclaimer
This is general information, not legal, tax, medical, or financial advice. For legal or tax questions, talk with a qualified professional in your state.
Official sources used
- Florida Medicaid Estate Recovery Program
- Florida Medicaid Estate Recovery FAQ
- Florida Medicaid TPL Recovery Program contact page
- Florida Medicaid Trust and Annuity Recovery Program
- Florida AHCA Third Party Liability page
- Florida Statutes section 409.9101, Medicaid Estate Recovery Act
- Florida Statutes section 733.2121, notice to creditors
- Florida Statutes section 733.707, order of estate payments
- Florida Constitution, Article X, section 4, homestead exemptions
- Medicaid.gov Estate Recovery
- Florida AHCA Statewide Medicaid Managed Care Long-Term Care Program
- Florida AHCA SMMC Long-Term Care screening
- Florida AHCA Medicaid recipient resources
- Florida Department of Elder Affairs Aging and Disability Resource Centers
- Florida Department of Children and Families contact page
- Florida Senior Legal Helpline
- The Florida Bar Lawyer Referral Service
