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Medicaid Planning · Texas

Texas Medicaid estate recovery

Medicaid estate recovery rules for Texas.

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

Recovery scope

Published practice is a claim against probate assets for specified long-term services and supports received at age 55 or older by applicants initially applying on or after March 1, 2005.

Source: Texas HHS D-7800, Medicaid Estate Recovery Program [state-medicaid-agency] — Revision 18-1 effective March 1, 2018

Controlling authority

Texas HHS Medicaid Estate Recovery Program handbook section D-7800

Source: Texas HHS D-7800, Medicaid Estate Recovery Program [state-medicaid-agency] — Revision 18-1 effective March 1, 2018

Exemptions and deferrals

Recovery is barred while a surviving spouse lives or when there is a surviving child under 21 or blind or disabled. The adopted rule also protects a qualifying unmarried adult child who lived continuously in the homestead for at least one year before death and specified American Indian and Alaska Native property.

Source: Texas Register adopted Medicaid estate-recovery rules, 1 TAC chapter 373 [state-statute] — Filed August 7, 2026; effective August 27, 2026

Hardship-waiver path

A hardship request is due within 60 days. The adopted criteria cover qualifying family farms, businesses, and ranches; public-assistance hardship; crime victims; compelling reasons; and the first $150,000 of homestead value for a qualifying sibling or direct descendant below 300% of the federal poverty level.

Source: Texas Register adopted Medicaid estate-recovery rules, 1 TAC chapter 373 [state-statute] — Filed August 7, 2026; effective August 27, 2026

Lien practice

Texas pursues a Class 7 probate claim rather than taking title. Recovery is not cost-effective when the recoverable estate is $15,000 or less, recoverable Medicaid is $5,000 or less, or sale costs equal or exceed value.

Source: Texas Register adopted Medicaid estate-recovery rules, 1 TAC chapter 373 [state-statute] — Filed August 7, 2026; effective August 27, 2026 Additional authority: Texas HHS D-7800, Medicaid Estate Recovery Program [state-medicaid-agency] — Revision 18-1 effective March 1, 2018

Sources

Methodology & sources

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

General information, not legal advice.