Recovery scope
North Dakota seeks repayment from all property and other assets owned by a deceased recipient at death. Recovery covers correctly paid Medicaid for recipients age 55 or older and permanently institutionalized recipients under 55 after notice; HHS uses probate claims and may use small-estate affidavits, including for joint or payable-on-death accounts when the estate is insufficient.
Controlling authority
North Dakota Century Code § 50-24.1-07 and the North Dakota HHS Estate Recovery Policy Manual govern Medicaid estate claims.
Exemptions and deferrals
A correctly paid claim is not enforced while a surviving spouse lives or against a share passing to a surviving child under 21 or an adult child with disabilities during that child's lifetime. The manual also excludes identified Native American property and named-beneficiary policies, and recognizes the long-term-care-partnership asset protection stated in law.
Hardship-waiver path
The HHS manual states that North Dakota's undue-hardship waiver process is limited to surviving spouses, children under 21, and adult children with disabilities.
Lien practice
HHS files its claim after receiving probate papers and may collect qualifying small estates by affidavit. A judgment against a homestead held by the estate is not automatically prioritized and must be presented like another estate claim.
Sources
Methodology & sources
Checked at least annually and whenever recovery statutes, waivers, liens, or agency practices change.
General information, not legal advice.