When can the state seek repayment?
DHCS says estate recovery concerns certain members age 55 or older. It also describes a rule for members of any age who were determined permanently institutionalized. The member must have owned assets at death. For deaths on or after January 1, 2017, recoverable payments are limited to specified nursing-facility, home and community-based, and related services.
Which property can be involved?
For a death on or after January 1, 2017, DHCS limits recovery to probate assets the person owned at death. If the person owned nothing at death, DHCS says nothing is owed. The rule for earlier deaths differs, so the date matters.
Are there exceptions or waivers?
DHCS describes exemptions involving some surviving spouses, partners, and children, as well as a substantial-hardship waiver. The agency's notice and claim letter control response deadlines. A family handling an estate should read the current DHCS instructions rather than assume an exemption applies.
How is this different from the home asset rule?
A home can be excluded from an asset test while a person applies for Medi-Cal. Estate recovery asks a later, different question about benefits paid and assets at death. Check each rule separately and contact DHCS's Estate Recovery Program about an actual claim.
Sources checked
These agency pages were checked on September 19, 2026. Reopen them before making a time-sensitive decision.
Check the official guidance for your case
A state guide can explain the rule. The issuing agency can answer questions about the actual application, notice, or service.
Read DHCS's estate-recovery guidance ↗This page is general educational information. It cannot decide whether a person qualifies or replace advice about individual facts. Read the full notice.