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Medicaid Planning · Montana

Montana Medicaid estate recovery

Medicaid estate recovery rules for Montana.

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

Recovery scope

Expanded recovery reaches property owned at death and property passing automatically, including probate property, joint tenancy, and tenancy in common, for covered institutional services and specified benefits paid at age 55 or older.

Source: Montana DPHHS CMA 304.4, Estate Recovery and Liens [state-medicaid-agency] — Effective July 1, 2023

Controlling authority

Montana DPHHS Combined Medicaid Manual section CMA 304.4

Source: Montana DPHHS CMA 304.4, Estate Recovery and Liens [state-medicaid-agency] — Effective July 1, 2023

Exemptions and deferrals

Recovery is restricted while a surviving spouse, child under 21, or blind or disabled child survives.

Source: Montana DPHHS CMA 304.4, Estate Recovery and Liens [state-medicaid-agency] — Effective July 1, 2023

Hardship-waiver path

The agency may consider waiver or compromise under the hardship criteria stated in CMA 304.4.

Source: Montana DPHHS CMA 304.4, Estate Recovery and Liens [state-medicaid-agency] — Effective July 1, 2023

Lien practice

A lien may attach to real property of a permanently institutionalized person, subject to the manual's federal and state protections.

Source: Montana DPHHS CMA 304.4, Estate Recovery and Liens [state-medicaid-agency] — Effective July 1, 2023

Sources and update policy

Methodology & sources

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

This page is educational and is not legal advice.