If your loved one received Medicaid benefits before they passed away, the State of Ohio may file a claim against the estate to recover what it paid for their care.
This is called Medicaid Estate Recovery, and it surprises many families.
But here’s what most people don’t know: you control when this process starts.
*This is not a substitute for legal advice-I am not an attorney, information is for education only. This information was current as of 2-2026, if you have specific questions consult your attorney.*
What Is Medicaid Estate Recovery?
When someone receives Medicaid benefits (especially for nursing home care), the state keeps track of what it pays. After that person dies, Ohio’s Medicaid Estate Recovery Unit can file a claim against their probate estate to recover those costs.
This isn’t optional—it’s federal law. Every state must attempt to recover Medicaid costs from estates.
Who Is Subject to Recovery?
Medicaid can seek recovery if the deceased received:
- Nursing facility services
- Home and community-based services
- Related hospital and prescription drugs (if age 55+)
What’s protected: The state cannot recover for Medicaid benefits received before age 55 (except for nursing home care).
When Recovery Can Be Delayed
Ohio law prohibits Medicaid recovery while there is a:
- Surviving spouse
- Child under age 21
- Blind or disabled child (any age)
Recovery is postponed until these individuals are no longer living or the conditions no longer apply.
The Timeline You Control
Here’s the part executors often don’t realize: the Medicaid Estate Recovery Unit’s deadline to file a claim depends on when YOU notify them.
Your 30-Day Deadline
Within 30 days of your appointment as executor, you must send Form 7.0(A) to the Medicaid Estate Recovery Unit.
This form notifies them that the estate is in probate.
Address:
Ohio Department of Medicaid
Estate Recovery Unit
P.O. Box 8738
Columbus, OH 43218-8738
Their 90-Day Window
Once the Medicaid Estate Recovery Unit receives your Form 7.0(A), they have 90 days to file a claim against the estate.
If they don’t file within 90 days, their claim is barred.
What If You Don’t Send the Notice?
If you don’t send Form 7.0(A), the Medicaid Estate Recovery Unit has the full 6-month creditor claims period to file.
By sending the notice within 30 days, you limit them to 90 days instead of 6 months.
This can speed up the probate process by 3+ months if they decide not to pursue recovery.
What the Medicaid Claim Covers
The claim typically includes costs for:
- Nursing home care
- Home health services
- Personal care services
- Medical equipment
- Prescription drugs (if age 55+)
The amount can be substantial—nursing home care costs $7,000-$10,000+ per month.
What Assets Can Be Recovered
Medicaid can only recover from assets that go through probate.
Subject to recovery:
- Real estate owned in deceased’s name alone
- Bank accounts in deceased’s name alone
- Personal property
- Other probate assets
Protected from recovery:
- Joint accounts with survivorship rights
- POD/TOD accounts
- Life insurance with named beneficiaries
- Property held in trust
- Retirement accounts with named beneficiaries
Hardship Waivers
In limited situations, Ohio may waive or reduce the Medicaid claim if:
- Recovery would cause undue hardship
- The estate is insolvent
- Recovery costs would exceed the amount collected
Hardship waivers are rare but worth exploring with your attorney if applicable.
What If There’s a House?
This is where Medicaid recovery often becomes complicated.
If the deceased owned a home and received Medicaid for nursing home care, the state may place a lien on the property or file a claim against the estate to recover costs.
However: If there’s a surviving spouse, recovery is postponed until after the spouse passes away or no longer lives in the home.
If the house is sold during probate, the Medicaid claim must typically be paid from the sale proceeds.
Payment Priority
Medicaid estate recovery claims are treated as general creditor claims in Ohio probate.
This means they’re paid in Priority 5 (after funeral expenses, administration costs, spousal allowance, and taxes).
If the estate doesn’t have enough assets to pay all creditors, Medicaid may receive a reduced payment or nothing.
How to Handle a Medicaid Claim
When you receive a claim from the Medicaid Estate Recovery Unit:
1. Verify the amount – Request documentation showing what was paid and when
2. Review for exemptions – Are there surviving spouse or minor child protections?
3. Check the deadline – Was it filed within 90 days of your notice (or 6 months if you didn’t send notice)?
4. Consult your attorney – These claims can be complex
5. Respond in writing – Allow or reject the claim within 30 days
Common Questions
Can I avoid Medicaid recovery by not opening probate?
No. If there are probate assets, you’re legally required to open probate. Avoiding it doesn’t make the Medicaid claim go away—it just creates other legal problems.
What if the estate is underwater?
If debts exceed assets, the estate is insolvent. Medicaid gets paid proportionally with other creditors at the same priority level, or possibly nothing if higher-priority debts consume all assets.
Does Medicaid take the house?
Not automatically. But if the house goes through probate and there’s a Medicaid claim, it may need to be paid from the home sale proceeds (subject to surviving spouse protections).
Get the Complete Guide
My “Medicaid Estate Recovery Timeline in Ohio” guide includes:
- Form 7.0(A) instructions
- 30-day and 90-day timeline tracker
- Claim verification checklist
- Hardship waiver information
- Response templates
To receive your free copy:
📧 Email: danielle@swohio.homes
📱 Call or Text: 513.628.2880
Don’t let confusion about Medicaid recovery delay your probate case. Understand the timeline and handle it correctly.
**I am not an attorney, I am Probate Certified, and a Licensed Real Estate Professional with Plum Tree Realty.