The Claim After A Death
Welf. & Inst. Code 14009.5 — recovery only as federal law requires, and never with a surviving spouse
When the department claims. The department claims against the estate the lesser of the payments for services received or the value of the property distributed, and only against the real property of a member who was an inpatient in a nursing facility as federal law describes, or where the decedent was 55 years of age or older when the services were received.
When it does not. The department does not claim under the age 55 rule when there is a surviving spouse or registered domestic partner, a surviving child under 21 years of age, or a surviving child who is blind or disabled.
Hardship. The department waives its claim in whole or in part if enforcement would cause substantial hardship to other dependents, heirs or survivors, and, subject to federal approval, waives it when the estate is a homestead of modest value. It notifies individuals of the waiver and the opportunity for a hearing.
The federal law the section follows, the agency's own rules on hardship, and probate procedure are not on this page. Whether a particular estate owes a claim, or qualifies for a waiver, is a question for a licensed California attorney.
Sources for this section (1)
- Welf. & Inst. Code 14009.5 — Medi-Cal estate recovery, and when the department may not claim
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.