The Claim After A Death
Human Services Code 1412 — recovery from the probate estate for assistance received at fifty-five or older
The program. The department recovers from the probate estate of an individual who was fifty-five years of age or older when assistance was received, for nursing facility services, home- and community-based services, and related hospital and prescription drug services. Its claim has the priority of a debt due the Commonwealth.
The executor's notice. The executor or administrator of a decedent who reached fifty-five finds out whether the decedent received medical assistance in the five years before death and, if so, notifies the department to get a statement of its claim.
Forty-five days. The department must submit its claim within forty-five days of receiving the notice, or the claim is forfeited.
Distributing too soon. If property subject to the claim is transferred without the claim being paid, the executor or administrator who transferred it becomes liable, and so does a recipient who gave no adequate consideration.
Other sections of the same law, and the court's own rules, are not on this page. How it applies to a particular case is a question for a licensed Pennsylvania attorney.
Sources for this section (1)
- Human Services Code 1412 — Repayment of medical assistance from probate estates
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.