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Medicaid Planning · South Carolina

South Carolina Medicaid estate recovery

Medicaid estate recovery rules for South Carolina.

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

Recovery scope

Probate-estate recovery covers real and personal property and other assets included in the decedent's probate estate for the services and age groups stated in section 43-7-460.

Source: South Carolina Code section 43-7-460 [state-statute] — Last amendment effective June 7, 2011

Controlling authority

South Carolina Code section 43-7-460

Source: South Carolina Code section 43-7-460 [state-statute] — Last amendment effective June 7, 2011

Exemptions and deferrals

Recovery occurs only after a surviving spouse's death and when there is no surviving child under 21 or blind or permanently and totally disabled child.

Source: South Carolina Code section 43-7-460 [state-statute] — Last amendment effective June 7, 2011

Hardship-waiver path

The agency must waive recovery upon proof of undue hardship under the state-plan criteria effective for requests on or after August 1, 2025.

Source: South Carolina Medicaid estate-recovery hardship requirements [state-medicaid-agency] — Effective for requests on or after August 1, 2025

Lien practice

South Carolina files a claim in the probate estate after higher-priority claims; the agency states that estate recovery does not itself take title to the property.

Source: South Carolina Medicaid estate-recovery program [state-medicaid-agency] — Program and covered-services marker July 1, 1994

Sources

Methodology & sources

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

General information, not legal advice.