On the record—Every fact sourced to a primary record·The standard—Advisors never pay for placement·Independent—A publication of AdvisorWorld.com Inc·Verification—Credentials checked with the issuing body·Sourcing—The IRS, state departments of revenue, and the courts·Corrections—When we're wrong, we fix the record and say so·On the record—Every fact sourced to a primary record·The standard—Advisors never pay for placement·Independent—A publication of AdvisorWorld.com Inc·Verification—Credentials checked with the issuing body·Sourcing—The IRS, state departments of revenue, and the courts·Corrections—When we're wrong, we fix the record and say so·
Est. MMXXVI · Advertiser-freeAdvisors never pay for placement
T
The Trusted Advisor
Retirement & estate planning, on the record❦Every fact sourced · Every advisor verified
Medicaid Planning · Georgia

Georgia Medicaid estate recovery

Medicaid estate recovery rules for Georgia.

Published: September 4, 2026. Last checked: September 5, 2026.

Recovery scope

Expanded estate recovery reaches probate property and specified nonprobate interests, including survivorship interests, life estates, trusts, annuities, retirement accounts, and other arrangements in which the recipient held an interest at death.

Source: Georgia Rules 111-3-8: Medicaid Estate Recovery [state-medicaid-agency] — Medicaid Estate Recovery Program effective May 3, 2006

Controlling authority

O.C.G.A. § 49-4-147.1, Title 53, 42 U.S.C. § 1396p, and Georgia Rules 111-3-8 govern the program.

Source: Georgia Rules 111-3-8: Medicaid Estate Recovery [state-medicaid-agency] — Medicaid Estate Recovery Program effective May 3, 2006

Exemptions and deferrals

Recovery is deferred for a surviving spouse and protected children. Estates valued at $25,000 or less are exempt; for deaths on or after July 1, 2018, the first $25,000 is waived.

Source: Georgia Medicaid Estate Recovery frequently asked questions [state-medicaid-agency] — Updated September 25, 2025

Hardship-waiver path

An affected person may request a full or partial hardship waiver or deferral within 30 days of notice; the Department applies the criteria in Rule 111-3-8-.05 and issues a decision under the rule's review process.

Source: Georgia Rules 111-3-8: Medicaid Estate Recovery [state-medicaid-agency] — Medicaid Estate Recovery Program effective May 3, 2006

Lien practice

Georgia may impose a TEFRA lien after determining a permanently institutionalized recipient is not expected to return home, subject to protected-occupant notice rules; a lien attaches to net sale proceeds and must be released if the recipient returns home.

Source: Georgia Rules 111-3-8: Medicaid Estate Recovery [state-medicaid-agency] — Medicaid Estate Recovery Program effective May 3, 2006

Sources

Methodology & sources

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

General information, not legal advice.