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Probate or to assets where there is no probate due to the use of the Rhode Island "small estates" statute (R.I. Gen. Laws § 33-24-1 et seq.). 4. Does attach to and remain a lien upon the estate property, whether or not the property is transferred, and upon all property acquired by the executor or administrator in substitution therefore while that property remains in his or her hands until the Medicaid is paid, but the lien shall not affect any tangible personal property or intangible personal property after it has passed to a bona fide purchaser for value. If there are questions concerning the passage to a bona fide purchaser, the case will be referred to the EOHHS Legal Office as referenced in § 4.5 of this Part. 5. Notice of said lien shall be sent to the duly appointed executor or administrator, the decedent’s legal representative, if known, or to the decedent’s next of kin or heirs at law as stated in the decedent’s last application for Medicaid, thirty (30) days prior to filing in the land evidence records. Said notice shall include appeal rights as noted in § 4.11 of this Part. 4.5 REQUIREMENTS FOR TRANSFER/SALE OF PROPERTY A. Whenever an individual who is receiving Medicaid, transfers an interest in real or personal property on or after July 1, 2012, such individual shall notify the EOHHS within ten (10) days of the transfer: 1. EOHHS Legal Office, Virks Building, 3 West Road, Cranston, RI 02920 B. Such notice shall also be sent to the individual’s local office. The notice shall include, at a minimum, the individual’s name, social security number or, if different, the EOHHS identification number, the date of transfer and the dollar value, if any, paid or received by the individual who received benefits, and the name of the person and relationship of the person to whom the transfer was made. C. In the event a Medicaid beneficiary fails to provide the required notice of the transfer to EOHHS and in the event the beneficiary, his/her guardian, conservator or agent under a power of attorney, if applicable, his/her spouse and/or immediate family members knew or should have known that such individual failed to provide such notice and that person(s) receives any distribution of less than fair market value as a result of the transfer, he or she shall be liable to the EOHHS to the extent of the uncompensated value of the transfer, up to the amount of Medicaid benefits paid on behalf of the beneficiary. D. Moreover, any such individual shall be subject to the provisions of R.I. Gen. Laws § 40-6-15 and any remedy provided by applicable state and federal laws and rules and regulations. Failure to comply with the notice requirements set forth in the section shall not affect the marketability of title to real estate transferred.