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Medicaid Planning · California

California Medicaid estate recovery

Medicaid estate recovery rules for California.

Published: September 4, 2026. Last checked: September 2, 2026.

Recovery scope

For deaths on or after January 1, 2017, recovery is limited to assets owned at death that are subject to probate. Recoverable payments are nursing-facility, home/community-based, and related hospital and prescription services received at age 55 or older, including related managed-care premiums.

Source: DHCS Estate Recovery Program [state-medicaid-agency] — Probate-only rules for deaths on or after January 1, 2017

Controlling authority

California Medi-Cal Estate Recovery Program rules for deaths on or after January 1, 2017

Source: DHCS Estate Recovery Program [state-medicaid-agency] — Probate-only rules for deaths on or after January 1, 2017

Exemptions and deferrals

DHCS does not seek reimbursement when a blind or disabled child survives; other statutory limitations described by the program also apply.

Source: DHCS Estate Recovery Program [state-medicaid-agency] — Probate-only rules for deaths on or after January 1, 2017

Hardship-waiver path

A substantial-hardship request is due within 60 days of the claim letter; DHCS waives the applicant's proportionate share when a listed criterion is met.

Source: DHCS Form 6195, Application for Hardship Waiver [state-medicaid-agency] — Form DHCS 6195 revised September 2020

Lien practice

California opted out of lifetime institutional liens effective January 1, 2026. Liens for incorrectly paid benefits remain.

Source: CMS approval of California SPA 25-0039 [cms] — Approved January 20, 2026; effective January 1, 2026

Sources

Methodology & sources

Checked at least annually and whenever recovery statutes, waivers, liens, or agency practices change.

General information, not legal advice.