If the decedent was 55 or older at death, the personal representative must notify the PA Department of Human Services and request a statement of claim, even if you believe the decedent never received Medicaid. This is required by 62 P.S. § 1412 and DHS will verify whether any benefits were paid.
DHS can claim reimbursement for all Medicaid benefits paid on behalf of the decedent, including nursing facility costs, home and community-based services, hospital and prescription drugs, and MA premiums paid. The claim is limited to the value of the probate estate. Assets that pass outside probate (jointly-held property, beneficiary designations, trusts) are generally not subject to recovery, which is why advance Medicaid planning matters so much.
⚠ Personal Liability
Distributing assets before notifying DHS and waiting for a response makes the personal representative personally liable for the DHS claim. Send the notice. The 45-day clock protects you, but only if you start it.
Full Details
For a complete explanation of the estate recovery program, claim priority, what's recoverable, and available defenses, see our Elder Law section. "Pennsylvania Estate Recovery Program."
Statutory content on this page was last verified against Pennsylvania statutes (20 Pa.C.S.; 72 P.S. Art. XXI): February 2026. If you are reading this significantly after that date, confirm key provisions with current statute text or contact our office.
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