How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in Washington

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney about your specific situation.

Detailed Answer

When a Washington resident receives Medicaid benefits, the Department of Social and Health Services (DSHS) may pursue recovery from the individual’s estate after death. To obtain and review documentation of a Medicaid claim against an inherited estate, follow these steps:

  1. Identify the Claim: The DSHS Estate Recovery Program files a claim in the probate proceeding of the decedent’s estate. Under Washington law (RCW 74.09.530), DSHS has a statutory lien for Medicaid costs paid on behalf of the decedent.
  2. Locate the Probate Case: Contact the Superior Court clerk’s office in the county where the decedent lived. Request the probate file by case number or decedent name. Washington’s probate procedure is governed by RCW 11.02.080 (opening probate) and RCW 11.40.060 (filing of claims in probate).
  3. Request Public Records from DSHS: For a complete file on the estate recovery claim, submit a Public Records Act request to DSHS. Washington’s Public Records Act, RCW 42.56.030, allows you to ask for correspondence, claim calculations, and supporting documents. Send your request to the DSHS Public Records Officer by email or mail. Include:
    • Decedent’s full name and date of birth
    • Estate or probate case number
    • Specific records sought (e.g., lien notice, claim worksheet)
  4. Pay Applicable Fees: DSHS may charge copying fees and postage. The county clerk may charge fees for certified copies of probate records. Confirm current rates on the agency websites or by phone.
  5. Review the Documents: Examine the notice of lien, itemized claim, and any responses filed by the personal representative. Verify that dates and amounts align with probate inventories and final accounting. If discrepancies arise, you can file an objection in probate court under RCW 11.40.130.

Helpful Hints

  • Act quickly: Probate claims must be filed within the statutory deadline, typically three months after notice (RCW 11.40.020).
  • Keep detailed notes of all communications with DSHS and the court clerk.
  • Compare DSHS claim amounts with bank statements and medical billing records.
  • Consider consulting a probate attorney if you encounter complex issues or need to file an objection.
  • Check DSHS’s Estate Recovery web page for contact information and sample forms.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.