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If a spouse survives the recipient, recovery shall be made after the death of the surviving spouse. Only those assets that were included in the recipient’s probate estate are subject to recovery after the surviving spouse’s death.5 If the recipient (or the recipient’s spouse upon his or her death) is survived by a dependent child, no recovery shall be made while the child is under age twenty-one (21) or is a dependent who is non-supporting due to blindness or disability as determined under SSI standards.5

In addition, a claim may not be enforced against the personal effects, ornaments, or keepsakes of the deceased.6 Resources that are protected under the Indiana Long Term Care Program (ILTCP) are not subject to recovery from the recipient’s estate. Refer to Section 2615.25.15 concerning the ILTCP.7 A claim may be waived if it is not cost effective to pursue the claim.

4715.00.00 FILING THE CLAIM Estate administration may be accomplished using one of the following three procedures: • Supervised administration (the normal procedure) • Unsupervised administration • No administration procedure

The process for filing claims depends on the type of estate administration procedures used. When estates are administered under the supervised and unsupervised administration procedures, the probate court first appoints a personal representative to administer the estate. The personal representative then opens the estate. Once an estate is opened for probate, the personal representative must serve notice of an estate administration to the Medicaid Estate Recovery Unit if the decedent was at least fifty-five (55) years of age at the time of death and died on or after June 30, 2018. 8. Beginning July 1, 2026, the Medicaid Estate Recovery Unit has nine (9) months after the date of death of the decedent to file a claim in a probated estate. 9 A systematic and regular review of the legal notices and the probate docket of the county probate court are to be made by the Medicaid Estate Recovery Unit to ascertain whether an estate has been opened for any deceased Medicaid recipients. As soon as the Medicaid Estate Recovery Unit learns that an estate has been opened, the Medicaid Estate Recovery Unit should initiate the process for filing a claim with the probate court as applicable. The claim against the estate should be filed with the Clerk of the Probate Court as soon as possible. However, when a small estate claim affidavit is used, it is presented to whoever is holding assets of the deceased and is not filed with the Clerk of Probate Court.

4715.05.00 RECOVERY FROM CERTAIN TRUSTS