California Medi-Cal Estate Recovery

Last updated: August 21, 2026 Jurisdiction: California

SB 833 made California recovery probate-only

For Medi-Cal members who die on or after January 1, 2017, DHCS says repayment is limited to assets subject to probate that the beneficiary owned at death. Recovery is further limited to nursing-facility services, home- and community-based services, and related hospital and prescription services when received with qualifying LTC or HCBS care (DHCS Estate Recovery Program).

That is a narrower regime than California's pre-2017 rules, which DHCS describes as reaching all assets owned at death and most services. It also tracks the federal baseline obligation to seek recovery for specified services for people age 55 and older (DHCS Estate Recovery Program; Medicaid.gov, Estate Recovery).

Who has an absolute protection from a claim

Welfare and Institutions Code section 14009.5 directs DHCS not to claim under the age-55 provision when there is a surviving spouse or registered domestic partner, a surviving child under 21, or a surviving blind or disabled child. This is a bar, not merely a statement that payment is postponed (California Welfare & Institutions Code § 14009.5).

Scope matters: SB 833 recovery for post-2016 deaths is probate-only, LTC-services-only, and subject to the statutory spouse/registered-domestic-partner/minor-child/blind-or-disabled-child bars (DHCS Estate Recovery Program).

Services and hardship procedures

DHCS's program description identifies the recoverable LTC-related categories. CANHR says IHSS personal-care payments and certain Medicare Savings Program costs are exempt from recovery; readers should distinguish those stated exclusions from other Medi-Cal services (CANHR Medi-Cal Recovery FAQ).

The statute directs DHCS to waive all or part of a claim for substantial hardship and includes a federally contingent modest-homestead waiver. DHCS instructs claim recipients to file form DHCS 6195 within 60 days of the claim letter (DHCS Hardship Waiver Application; California Welfare & Institutions Code § 14009.5).

Planning and disclosure are different questions

A current or former member may request a statement of potentially recoverable Medi-Cal expenses once per calendar year using form DHCS 4017 for a $5 processing fee. DHCS also asks for notice of death within 90 days with a death certificate (DHCS Estate Recovery Program).

Probate-only recovery creates an important planning question, but it does not by itself resolve title, creditor, trust, or transfer issues. For a different probate-based model, compare Florida's estate-recovery page; obtain California legal advice for an individual estate.

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SB 833 made California recovery probate-only

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