The Claim After A Death
Md. Code, Health-Gen. § 15-121 — a claim against the estate for medical assistance, waived for substantial hardship to surviving dependents
The claim. In accordance with applicable federal law, including Title XIX of the Social Security Act, the Maryland Department of Health may make a claim against the estate of a deceased recipient of the Maryland Medical Assistance Program for the amount of any medical assistance payments.
Waived for hardship. The Department waives the claim if, in its judgment, enforcing it will cause substantial hardship to the surviving dependents of the deceased.
The deadline. The Department's claim is forever barred against the estate, the personal representative, and the heirs and legatees unless it is presented within the earlier of two periods.
| The period | Counted from |
|---|---|
| The period6 months | Counted fromPublication of notice of the first appointment of a personal representative |
| The period2 months | Counted fromThe personal representative mailing or otherwise delivering to the Department's Division of Medical Assistance Recoveries a notice that the claim will be barred unless presented within 2 months of receiving it |
Other creditors. Apart from claims of the United States or the State where a statute expressly provides otherwise, a claim against a decedent's estate is forever barred unless presented within the earlier of 6 months after the date of death, or 2 months after the personal representative mails or delivers a notice that the claim will be barred unless presented within 2 months. The section does not affect an action to enforce a mortgage, pledge, judgment or other lien, or a security interest, on property of the estate.
The federal law the claim follows, how the Department judges hardship, what property makes up the estate, and how a claim is presented are not on this page. Whether a particular estate owes a claim, or qualifies for a waiver, is a question for a licensed Maryland attorney.
Sources for this section (2)
- Md. Code, Health-Gen. § 15-121 — Claim against the estate of a Medical Assistance recipient
- Md. Code, Est. & Trusts § 8-103 — Time for presenting claims against an estate
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.