Georgia Medicaid estate recovery
Last checked: May 18, 2026
If Medicaid paid for long-term care for someone in your family, Georgia may later ask the estate to pay back some costs. This often comes up after a death, when the family is also dealing with probate, bills, the house, and funeral costs.
This guide explains when Georgia Medicaid estate recovery may apply, when the home may be at risk, what protections may delay or stop recovery, and who to call before you sell, transfer, or divide property.
Quick answer
Yes, the house can be at risk after death if Georgia Medicaid paid for certain long-term care and the home is part of the Medicaid member’s estate under Georgia rules. Georgia’s estate definition is broad and may include some property that passes outside regular probate, such as survivorship property, life estates, trusts, annuities, homestead property, and other arrangements.
But Georgia cannot simply take a home without notice and process. Recovery is delayed or may not move forward while certain protected people are in place, such as a surviving spouse, a child under 21, or a blind or permanently and totally disabled child.
Before you sell, transfer, deed, or divide the home, contact the Georgia Medicaid Estate Recovery Office and get a written answer.
Start here
- If the Medicaid member died: call or email the Georgia Medicaid Estate Recovery Office before the estate pays heirs or transfers property.
- If the person is still living and may need nursing home care or a Medicaid waiver: ask about estate recovery before signing the Medicaid papers. Also ask the local Aging and Disability Resource Connection, called ADRC, about home and community services.
- If there is a house, spouse, disabled child, minor child, sibling, caregiver child, lien notice, probate case, or hardship issue: talk with a Georgia elder law or probate lawyer before moving property.
Georgia warning
Rules can change. Counties, managed care plans, waiver contractors, probate courts, and state offices may use different names. Always confirm the current rule with the Georgia Department of Community Health, the Georgia Medicaid Estate Recovery Office, the probate court, or a qualified Georgia lawyer.
Main programs and routes in Georgia
Estate recovery is not the same as applying for care. But the care route can affect whether estate recovery may later be an issue.
| Program or route | Who it may help | Where to start |
|---|---|---|
| Georgia Medicaid Estate Recovery | Families handling a Medicaid member’s estate after death, or families asking about a possible claim, lien, release, delay, or hardship waiver. | Georgia Medicaid Estate Recovery Office: 770-916-0328 or GaEstateRecovery@dch.ga.gov. |
| Nursing facility Medicaid or other institutional long-term care | People of any age who receive Medicaid-paid care in a nursing facility, ICF/IID, or other medical institution. | Ask the nursing facility Medicaid worker, the county Medicaid office, and DCH Estate Recovery what estate recovery notice applies. |
| Home and Community-Based Services, called HCBS | People age 55 or older who get Medicaid long-term services at home or in the community instead of an institution. | For older adults and many disabled adults, call Georgia ADRC through the Division of Aging Services. Ask about CCSP, SOURCE, and other long-term care choices. |
| CCSP and SOURCE | Frail older adults and disabled Georgians who meet a nursing facility level of care and may be served at home or in the community. | Call Georgia ADRC at 866-552-4464 and ask for a screening for Medicaid long-term services. |
| Georgia Gateway and DFCS Medicaid case help | People applying for Medicaid, renewing Medicaid, checking a case, or uploading documents. | Use Georgia Gateway or call 877-423-4746 for Medicaid case status and benefit help. |
| Legal help | Families with probate, deed, lien, disabled child, caregiver child, trust, hardship waiver, or appeal questions. | Ask the Georgia Elderly Legal Assistance Program, Georgia Senior Legal Aid, GeorgiaLegalAid.org, or a private Georgia elder law attorney. |
What Medicaid estate recovery means
Medicaid estate recovery means the state asks to be paid back from a deceased Medicaid member’s estate for certain Medicaid costs.
In plain English: if Medicaid paid for long-term care, Georgia may send a claim after the person dies. The claim is not a bill sent while the person is alive for normal monthly care. It is a recovery claim against property or money left after death.
The Georgia Department of Community Health, called DCH, runs Georgia Medicaid. Georgia’s Medicaid Estate Recovery Program is part of DCH.
Federal law requires every state to recover some Medicaid long-term care costs. Georgia has its own estate recovery rules in Chapter 111-3-8 of the Department of Community Health rules.
When estate recovery may apply in Georgia
Georgia says Medicaid estate recovery may affect two main groups.
Any age: institutional care
Estate recovery may apply if the Medicaid member was, at the time of death, an inpatient in a nursing facility, an intermediate care facility for individuals with intellectual disabilities, or another medical institution, and the person had to pay most income toward care except a small personal needs amount.
Age 55 or older: long-term care and HCBS
Estate recovery may apply if the member was 55 or older when Medicaid paid for nursing facility services, personal care services, home and community-based services, and related hospital or prescription drug services for someone in a nursing facility or receiving HCBS.
Home and community-based services are services that help a person stay at home or in a community setting instead of moving to a nursing home or other institution. Georgia Medicaid waiver routes may include CCSP, SOURCE, ICWP, NOW/COMP, and other long-term service routes, depending on the person’s age, disability, level of care, and program.
If you are only asking about future care, read our guide to Medicaid HCBS waivers. If you are worried about income and asset rules before Medicaid starts, also read Medicaid spend-down and the Medicaid look-back period.
Is the house at risk?
The house may be at risk after death if the Medicaid member owned an interest in the home and Georgia’s estate recovery rules apply.
The hard part is that Georgia’s estate definition is broad. It is not limited to only simple probate property. Georgia’s rule says the estate includes real and personal property under the probate code. It also includes real property passing by joint tenancy, right of survivorship, life estate, survivorship, trust, annuity, Individual Retirement Accounts, homestead, or any other arrangement.
This means families should not assume that a deed, life estate, survivorship language, trust, or account title avoids estate recovery. Some planning steps may help in some cases. Some may not. Some transfers can also cause Medicaid problems under the look-back rules.
The home may be treated differently while the person is alive and after death
A home may be treated as exempt for Medicaid eligibility while the person is living. That does not always mean the home is safe from estate recovery after death.
Ask DCH or a Georgia elder law attorney about both questions: eligibility now and estate recovery later.
Liens during life
A lien is a legal claim against property. Georgia rules allow a Medicaid lien on the real estate of a member who is permanently institutionalized when there is not a reasonable expectation that the member will return home.
But Georgia rules list people whose presence in the home can stop that type of lien. The state may not place that lien when one of these people is living in the home:
- the member’s spouse;
- a child under age 21;
- a disabled child of any age; or
- a sibling with an equity interest in the home who lived there for at least one year before the member entered the nursing home and still lawfully lives there.
Georgia rules also say the state must give notice before filing this kind of lien. The member or authorized representative may request a hearing within the time stated in the notice.
Claims after death
After death, DCH may file a claim against the estate for the value of Medicaid benefits paid for the member. If probate is open, the personal representative must handle the DCH claim before paying heirs.
If no estate is opened, Georgia rules also allow a process in some cases for recovery from a financial institution account in the member’s name only. This is one reason families should get legal help before assuming no probate means no claim.
Common protections and exemptions
These protections are fact-specific. They are not a promise that the house will be safe. They are reasons to ask DCH for a delay, release, waiver, hearing, or legal review.
Small estate value
Georgia says estates with a gross value of $25,000 or less are exempt from estate recovery. Georgia also says that, for deaths on or after July 1, 2018, the Commissioner shall waive any claim against the first $25,000 of an estate subject to an estate recovery claim.
Surviving spouse
Georgia rules delay recovery until after the death of the surviving spouse, if there is one. If a spouse is alive, do not assume a claim is final. Tell DCH and ask for the rule that applies.
Child under 21
Recovery is delayed when the deceased Medicaid member has a surviving child under age 21. Keep proof of the child’s age and relationship.
Blind or disabled child
Recovery is delayed when the member has a child of any age who is blind or permanently and totally disabled under the Medicaid rule. Ask what proof DCH needs.
Sibling with equity in the home
Georgia lien rules protect certain siblings who have an equity interest in the home and lived there for at least one year before the member entered the nursing home. The sibling must show proof, such as bills, mail, mortgage records, or voter registration.
Caregiver child in the home
Georgia rules include a protection tied to a child who lived in the home for at least two years before institutional care and gave care that let the member stay home instead of entering an institution. This is a legal rule with proof requirements. Do not rely on it without legal help.
Do not call every protection an exemption
Some rules stop recovery. Some delay recovery. Some apply only to liens. Some need proof. Ask for the rule in writing before you act.
Hardship waivers
A hardship waiver is a request asking Georgia to waive or delay estate recovery because collection would cause undue hardship.
Georgia rules say a requesting party must show hardship by clear and convincing evidence. That means the proof must be strong.
Georgia lists these hardship situations:
- The asset is an income-producing farm and the sole income source for one or more heirs, with annual gross income of $25,000 or less, and the income is not just rental income.
- Recovery would cause the applicant to become eligible for needs-based public assistance or medical assistance.
- An estate with a gross value of $25,000 or less is treated as undue hardship and is exempt, so hardship does not need to be asserted for that small estate rule.
Georgia rules say undue hardship does not exist just because recovery is inconvenient or restricts a family’s lifestyle. The rules also say hardship does not exist when the member or heirs gave away assets to qualify under the hardship rule.
The personal representative or heirs must make a written request to DCH within 30 days of receiving the estate recovery notice. DCH rules say the Department must issue a hardship decision within 30 days after receiving the request and supporting documents. If DCH denies the waiver, the family may request an appeal.
How to ask about a hardship waiver
- Find the date on the estate recovery notice.
- Write down the deadline to request hardship review.
- Send a written request before the deadline.
- Attach proof. Do not send the only copy of important papers.
- Ask DCH for a written decision and appeal instructions.
Documents to gather
Before you call, gather what you can. Do not wait for every paper if a deadline is close.
- Medicaid card, Medicaid number, or case number.
- Date of death and a copy of the death certificate, if available.
- Any DCH estate recovery letter, lien notice, claim, release, or Medicaid notice.
- Will, trust, probate petition, letters testamentary, or letters of administration, if any.
- Deed, property tax bill, mortgage balance, and any other lien records for the home.
- Bank account records and a list of known estate assets and debts.
- Marriage certificate if there is a surviving spouse.
- Birth certificate or guardianship proof for a child under 21.
- SSA, Medicaid, or medical proof if a child is blind or disabled.
- Proof a sibling or caregiver child lived in the home, such as bills, mail, voter registration, mortgage statements, lease records, caregiver notes, or medical records showing care needs.
- Income proof, benefit letters, farm income records, tax records, or bills if you will ask for hardship review.
What families should not do
Estate recovery problems often get worse when families rush. Do not do these things without a written answer or legal help.
- Do not deed the house to someone else to avoid Medicaid recovery.
- Do not sell the home and divide the money before DCH gives a release or written answer.
- Do not empty bank accounts after death without checking probate and estate recovery duties.
- Do not ignore a DCH letter, lien notice, claim, or hearing deadline.
- Do not assume the house is safe because Medicaid did not count it during the person’s life.
- Do not assume a trust, life estate, survivorship deed, or payable-on-death account avoids recovery.
- Do not rely only on a phone answer. Ask for the rule, claim amount, release, delay, or denial in writing.
- Do not miss the 30-day hardship request window after receiving the notice.
Who to contact in Georgia
The right first call depends on where you are in the process.
If the Medicaid member died
Contact the Georgia Medicaid Estate Recovery Office first.
Phone: 770-916-0328
Email: GaEstateRecovery@dch.ga.gov
Ask for the Medicaid Estate Recovery Office and request the claim status, claim amount, release process, and hardship waiver instructions.
If the person needs care now
Call Georgia ADRC for older adult and disability long-term support options.
Phone: 866-552-4464
Ask for your local Area Agency on Aging and ask about CCSP, SOURCE, respite, adult day care, and Medicaid long-term care screening.
If you need Medicaid case help
Use Georgia Gateway or call the Medicaid case help number.
Phone: 877-423-4746
Ask about application status, renewal status, notices, documents, and where to upload papers.
If there is a legal issue
Ask for legal help before signing a deed, opening or closing probate, selling a home, answering a lien, or asking for a hardship waiver.
Start with Georgia Elderly Legal Assistance Program, Georgia Senior Legal Aid, GeorgiaLegalAid.org, or a private elder law or probate attorney.
Phone script for the Estate Recovery Office
Hello, my name is [name]. I am calling about Georgia Medicaid estate recovery for [Medicaid member name], who died on [date]. I need to know if DCH has a claim, lien, release, or delay on the estate or home. Please tell me what documents you need and how to request a hardship waiver if one may apply.
Phone script for ADRC before care starts
Hello, I care for [name], who lives in Georgia and needs help at home or may need nursing home care. Can you screen us for CCSP, SOURCE, or other long-term care options? Also, can you tell me who explains Medicaid estate recovery before we apply?
If the first answer is no
Ask for the decision in writing. Ask what rule was used. Ask what deadline applies. Ask whether you can send more proof. Ask whether there is a hardship waiver, hearing, or appeal route.
If the issue involves a home, probate, a lien, a disabled child, a caregiver child, a sibling, a trust, or a deadline, talk with a Georgia lawyer before the deadline passes.
For more help with calls, use our caregiver phone scripts and caregiver checklists.
Other benefit questions that may come up
Estate recovery is only one part of a care plan. If you are still trying to keep someone safe at home, these guides may help:
FAQ
Can Georgia Medicaid take the house while the Medicaid member is alive?
Georgia cannot just take the house. But Georgia rules allow a lien in some cases when a Medicaid member is permanently institutionalized and is not reasonably expected to return home. The state must follow notice and hearing rules. A spouse, child under 21, disabled child, or qualifying sibling in the home can block that type of lien.
Can Georgia Medicaid take the house after death?
Georgia may seek recovery from the estate after death for certain Medicaid long-term care costs. If the home is part of the estate under Georgia’s broad rule, it may be part of the recovery issue. The family should contact DCH before selling or transferring the home.
Does Georgia only recover from probate property?
No. Georgia’s estate definition is broad. It includes regular probate property and also lists property passing by joint tenancy, right of survivorship, life estate, survivorship, trust, annuity, IRA, homestead, or any other arrangement. Ask a lawyer before assuming a property title avoids recovery.
What if there is a surviving spouse?
Georgia rules delay recovery until after the death of the surviving spouse. The family should give DCH proof that the spouse is alive and ask for written confirmation of the delay.
What if the adult child lived in the home and cared for the parent?
Georgia rules include a caregiver-child protection in the lien recovery area when a child lived in the home for at least two years before institutional care and gave care that allowed the member to stay home. This is proof-heavy. Get legal help before relying on it.
How fast do we have to ask for a hardship waiver?
Georgia rules say the personal representative or heirs must make a written request within 30 days of receiving the estate recovery notice. If you received a notice, do not wait.
What if the estate is small?
Georgia says estates with a gross value of $25,000 or less are exempt from estate recovery. Georgia also says claims against the first $25,000 of an estate subject to recovery are waived for deaths on or after July 1, 2018.
Resumen en espanol
En Georgia, Medicaid puede pedir pago despues de la muerte por ciertos costos de cuidado a largo plazo. La casa puede estar en riesgo si forma parte del patrimonio o entra en la regla amplia de Georgia.
No venda ni transfiera la casa sin hablar primero con la oficina de Medicaid Estate Recovery o con un abogado de Georgia. Si hay esposo o esposa, hijo menor de 21 anos, hijo discapacitado, hermano en la casa, hijo cuidador, o dificultad economica, pregunte por escrito que proteccion puede aplicar.
About this guide
This guide was written for family caregivers and heirs who need practical Georgia routing. It uses official Georgia Medicaid, Georgia Department of Community Health, Georgia Division of Aging Services, Georgia Gateway, and federal Medicaid sources where possible.
Estate recovery is legal and fact-specific. A small change in ownership, probate status, disability proof, household facts, or timing can change the answer.
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
- Georgia Medicaid: Medicaid Estate Recovery
- Georgia Medicaid: Medicaid Estate Recovery contact page
- Georgia Department of Community Health: Chapter 111-3-8 Estate Recovery Rules
- Georgia Medicaid: Medicaid and Estate Recovery fact sheet
- Medicaid.gov: Estate Recovery
- Georgia Medicaid: Waiver Programs
- Georgia Medicaid: Medicaid Long-Term Services and Supports fact sheet
- Georgia Division of Aging Services: Aging and Disability Resource Connection
- Georgia Division of Aging Services: ADRC contact page
- Georgia.gov: Georgia Gateway
- Georgia Division of Aging Services: Elderly Legal Assistance Program
- GeorgiaLegalAid.org
