The short answer: When a Florida Medicaid recipient dies, the state can file a claim against their estate in probate for what Medicaid paid after they turned 55. Florida claims everything Medicaid paid, not just long-term care. But a parent's home is usually safe. Florida's constitution protects a homestead from forced sale when it passes to a spouse or heirs, Florida doesn't recover at all while a spouse, a child under 21 or a disabled child survives, and Florida doesn't put liens on homes during life. The risks are in the details: how the house is titled, what the will says, and whether it's sold first.
This guide explains the rules as they stand in 2026. It isn't legal advice, and free legal help is listed at the end.
What is Medicaid estate recovery?
Federal law requires every state to try to recover some Medicaid costs from the estates of people who received benefits at 55 or older. States must recover for "nursing facility services, home and community-based services, and related hospital and prescription drug services," and may choose to recover for "any items or services" (42 U.S.C. 1396p).
Florida chose the broader option. The debt is "the total amount paid to or for the benefit of the recipient for medical assistance after the recipient reached 55 years of age" (s. 409.9101). The state's recovery contractor puts it plainly: "The debt includes all payments made by Medicaid for services or goods when the recipient was age 55 years or over" (Florida Medicaid Estate Recovery FAQ).
Florida recovers by "filing a statement of claim against the estate of a deceased Medicaid recipient" in probate. That matters, because property that never goes through probate isn't part of that process.
When can't Florida recover?
Florida law says the debt "shall not be enforced if the recipient is survived by" a spouse, a child under 21, or a child who is blind or permanently and totally disabled (s. 409.9101). It also can't be enforced against property that is "exempt from the claims of creditors," which includes a protected homestead.
The state must also consider waiving recovery for hardship, though "a hardship does not exist solely because recovery will prevent any heirs from receiving an anticipated inheritance." The agency weighs whether an heir:
- lives in the home, lived there when the parent died, made it their primary residence for the 12 months before, and "owns no other residence";
- would be deprived of "food, clothing, shelter, or medical care";
- gave full-time care that delayed the parent's move to a nursing facility, while living with them for at least a year.
Is Mom's house protected?
Usually, yes. Florida's constitution makes a homestead "exempt from forced sale under process of any court," up to half an acre inside a city or 160 acres outside, and says "these exemptions shall inure to the surviving spouse or heirs of the owner" (Fla. Const. art. X, s. 4). The Florida Supreme Court, quoting an earlier ruling, has said that "homestead property, whether devised or not, passes outside of the probate estate" (McKean v. Warburton, 2005).
The recovery program's own answer to "Will Medicaid take the house?" is: "if the Medicaid recipient owned the home as the primary place of residence and it passes to the decedent's relatives, the judge would likely declare it to be 'homestead protected from creditors.' If so, then Medicaid, or any other creditor, cannot force its sale." It adds that "the probate judge makes the determination about what is exempt" (FAQ). And even when property can be sold, "real property shall not be transferred to the agency in any instance" (s. 409.9101).
Protection depends on the facts, though:
| Situation | What the law says |
|---|---|
| Parent's home passes to a spouse or children | Protected homestead; creditors, including Medicaid, can't force a sale |
| The will says to sell the home and divide the money | The home "loses its 'protected' status" (McKean) |
| Home owned jointly with right of survivorship, or by a married couple | "Not protected homestead" under the probate code, but it passes directly to the co-owner outside probate (s. 731.201) |
| Home sold during the parent's life | Sale money stays protected only "so long as they are not commingled and are held for the sole purpose of acquiring another home within a reasonable period of time" (McKean) |
| Rental property, a second home or land that isn't the homestead | Can be sold to pay the claim if there's no cash to cover it (s. 409.9101) |
| Life insurance paid to a named beneficiary | "Exempt from the claims of creditors of the insured" (s. 222.13) |
| Revocable living trust | Liable for the estate's debts to the extent the probate estate can't pay them (s. 733.707) |
One recent case shows how much the details matter. In October 2026, a Florida appeals court held that a Miami-Dade co-op apartment wasn't protected homestead because the owner died in 2017, before a 2021 law made a co-op interest real property. The state's claim was for $81,276.76. The opinion isn't final until any rehearing motion is decided (Walters v. AHCA, 3d DCA).
Does Medicaid put a lien on the house while Mom is alive?
Not in Florida. Federal law allows states to place liens on the homes of some permanently institutionalized nursing home residents. A congressional advisory commission's review of 2020 state Medicaid plans showed Florida doesn't place liens on real property or impose post-death liens (MACPAC Report to Congress, 2021).
For eligibility, the home usually doesn't count either. "Home property is excluded as an asset, regardless of its value, if it is the individual's principal place of residence." If your parent moves out, the home stays excluded if a spouse or dependent relative still lives there, or if your parent "states an intent to return home." A spoken statement is enough, and "there is no limit on how long a home may be excluded" (DCF policy manual, chapter 1600).
There is one cap. For long-term care, a person with home equity above $752,000 in 2026 isn't eligible, unless a spouse, a child under 21 or a disabled child lives in the home (DCF). If the home is sold, the money can be excluded "for up to three months while the home is being replaced," and after that it generally counts as an asset.
Our guides to Medicaid and assisted living, the Medicaid pre-enrollment list and assisted living for couples explain eligibility, including how a spouse at home is protected.
How does a claim actually happen?
- Notice. When someone who was 55 or older dies and their estate goes through probate, the personal representative must serve the notice to creditors and a copy of the death certificate on the Agency for Health Care Administration "within 3 months after the first publication of the notice to creditors" (s. 733.2121). Send it to the Florida Medicaid Estate Recovery Program, P.O. Box 12188, Tallahassee, FL 32317-2188.
- The claim. The state's contractor "will determine whether Medicaid provided any medical assistance and, if so, file a claim with the probate court. The claim states the amount owed" (FAQ).
- Deadlines. Claims generally must be filed by the later of 3 months after the notice is first published or 30 days after the creditor is served (s. 733.702). After 2 years from death, the estate and beneficiaries are no longer liable for any claim (s. 733.710).
- Priority. Medicaid's claim is paid after estate administration costs and funeral expenses of up to $6,000 (s. 733.707).
- Objections. The personal representative or other interested persons "may file an objection to the statement of claim. If an objection is filed, the creditor must file a separate independent lawsuit" (The Florida Bar).
- Hardship. "A Request for Hardship Waiver form may be obtained by contacting the Florida Medicaid Estate Recovery Program" at 877-357-3268 (contact page).
Can families plan ahead?
Some protections exist by design. If your parent has a qualifying Long-Term Care Partnership policy, the assets it protects for Medicaid eligibility are also "protected from estate recovery" (DCF policy manual). Our long-term care insurance guide explains how Partnership policies work.
Beyond that, how a home is titled and what a will says can change the outcome, as the table above shows. Transfers of property can also affect Medicaid eligibility. These are decisions for a Florida elder law attorney, made with the whole family's situation in view. Make sure someone has legal authority to act for your parent first: our guide to power of attorney and health care surrogates explains the documents, and our guide to paying for assisted living covers the options before Medicaid.
Where can we get free or low-cost legal help?
- Florida Senior Legal Helpline: 1-888-895-7873. It provides "free legal advice and brief services by telephone appointment to eligible Florida residents age 60 and older" (Elder Affairs). Your parent may qualify even if you don't.
- The Florida Bar Lawyer Referral Service: 1-800-342-8011, weekdays 8 a.m. to 5:30 p.m. "You can receive a 30-minute consultation for no more than $25," but "we do not have pro bono lawyers" (The Florida Bar).
- Elder Helpline: 1-800-963-5337, which connects you to your local Area Agency on Aging for Medicaid screening and other help.
