The Claim After A Death
RCW 43.20B.080 — recovery from the estate and nonprobate assets for long-term care received at fifty-five or older
At fifty-five. For an individual who was fifty-five years of age or older when receiving medical assistance, the department seeks recovery from the estate and from nonprobate assets, but only for nursing facility services, home and community-based services, other services it determines appropriate, and related hospital and prescription drug services.
Undue hardship. The department establishes procedures to waive recovery that would work an undue hardship, and recognizes one for a surviving domestic partner whenever recovery would not have been permitted against a surviving spouse.
The law at the time. The department applies the estate recovery law as it existed on the date benefits were received. Property exempt from claims by federal law or treaty, including tribal artifacts, is not included.
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 Washington attorney.
Sources for this section (1)
- RCW 43.20B.080 — Recovery of medical assistance from an estate
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Washington attorney.