The Claim After A Death
Mo. Rev. Stat. § 473.398 — a debt due from the estate, and no claim where it would hurt a surviving spouse or dependents
The debt. The total paid to or on behalf of a person by the state's health, social services or mental health departments, or a county commission, is a debt due from the person's estate, collected through probate and allowed as a claim of the sixth or eighth class.
When no claim is filed. The claim is not filed or allowed if the cost of collection would exceed it, or if collecting it would adversely affect the need of the surviving spouse or dependents for reasonable care and support from the estate.
Before the estate closes. For a decedent enrolled in MO HealthNet at death, the personal representative files a release from the MO HealthNet division showing payment of what is due from the estate, unless waived, before the probate estate may be closed.
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 Missouri attorney.
Sources for this section (1)
- Mo. Rev. Stat. § 473.398 — Recovery of public assistance from an estate
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Missouri attorney.