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Medicaid Planning · Virginia

Virginia Medicaid estate recovery

Medicaid estate recovery rules for Virginia.

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

Recovery scope

Virginia uses an expanded estate definition covering the decedent's real and personal property and other legal title or interests at death, including specified nonprobate interests.

Source: Virginia Administrative Code 12VAC30-20-141 [state-statute] — Last amended effective January 2, 2013

Controlling authority

Virginia Administrative Code 12VAC30-20-141

Source: Virginia Administrative Code 12VAC30-20-141 [state-statute] — Last amended effective January 2, 2013

Exemptions and deferrals

Recovery is restricted while a surviving spouse or a child under 21 or blind or disabled survives; the rule also excludes specified American Indian and Alaska Native property, reparation payments, and protected long-term-care partnership assets.

Source: Virginia Administrative Code 12VAC30-20-141 [state-statute] — Last amended effective January 2, 2013 Additional authority: Virginia DMAS Estate Recovery Fact Sheet [state-medicaid-agency] — Revised August 24, 2022

Hardship-waiver path

Virginia may waive or compromise recovery for undue hardship under the criteria and application process in 12VAC30-20-141.

Source: Virginia Administrative Code 12VAC30-20-141 [state-statute] — Last amended effective January 2, 2013

Lien practice

Virginia does not impose Medicaid liens against an individual's property.

Source: Virginia Administrative Code 12VAC30-10-560 [state-statute] — Last amended effective July 23, 2009

Sources

Methodology & sources

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

General information, not legal advice.