Receiving a Medicaid estate recovery notice after losing a parent can be unsettling, especially when the family home may be involved. You may be wondering whether Texas can recover money from the estate and how much time you have to respond.
The Medicaid estate recovery time limit Texas rules can be confusing because different deadlines apply to the state and surviving family members. This guide explains the current 2026 deadlines, when recovery may be avoided, and what to check before responding to a notice.
1. Medicaid Estate Recovery Time Limit Texas: Which Deadline Applies?
If you’ve received a Medicaid estate recovery notice after a family member’s death, the first thing to understand is that Texas has different deadlines for the state and surviving family members.
Under rules effective August 27, 2026, the Texas Medicaid Estate Recovery Program (MERP) has up to 60 calendar days after being notified of a recipient’s death to provide a Notice of Intent. MERP’s claim-filing period is 120 calendar days after it receives actual notice of the death.
These are deadlines for MERP, not automatic extensions for families responding to a notice. Your deadline may be different depending on whether you’re requesting a hardship waiver or another form of relief.
2. When Does The Texas Medicaid Estate Recovery Program Apply?
Understanding the Medicaid estate recovery time limit Texas rules starts with knowing whether the deceased person’s Medicaid benefits are subject to recovery.
Texas MERP generally applies to certain long-term-care services received at age 55 or older, beginning on or after March 1, 2005. These may include nursing facility care, qualifying community-based services, and related hospital or prescription costs.
Recovery is generally limited to eligible estate assets, which may include a home, vehicle, or bank account. Whether property is recoverable depends on ownership and how it passes after death.
A home that was excluded when determining Medicaid eligibility may still be included in estate recovery. However, heirs are not automatically responsible for paying Medicaid costs with their own money.
>>> Read more: What Does Medicaid Cover for Dental for Adults in Texas? 5 Essential Facts
3. How Do The 60-Day And 120-Day MERP Deadlines Work?
The starting event matters as much as the number when checking Medicaid estate recovery time limit Texas.
The 60-day Notice of Intent deadline
MERP must provide its Notice of Intent within 60 calendar days after being notified of the recipient’s death. This replaced 30 days effective August 27, 2026. The notice identifies when MERP received notification.
The 120-day MERP claim deadline
MERP’s claim-filing period is 120 calendar days after actual notice of death, replacing 70 days. It does not begin after the family receives the Notice of Intent.
When Texas probate deadlines create another clock
Probate is the legal process used to settle a deceased person’s estate. If probate has begun, its creditor deadlines may also affect a Medicaid recovery claim.
Under Estates Code §308.054, an estate’s personal representative may send a formal notice requiring an unsecured creditor to present its claim before the 121st day after receiving that notice.
This deadline does not automatically begin when someone dies or when probate opens. It applies when the required creditor notice has been properly given.
Because MERP deadlines and probate deadlines follow different rules, ask the estate’s attorney to review them together before assuming a claim is late.
4. When Can A Texas MERP Claim Be Exempt, Reduced, Or Waived?
Even when Medicaid estate recovery time limit Texas rules apply, certain protections may prevent or reduce a recovery claim.
Texas MERP generally does not file a claim when the deceased recipient leaves a surviving spouse, a child under 21, or a child who meets applicable blindness or disability criteria.
Protection may also apply to an unmarried adult child who lived continuously in the recipient’s homestead for at least 12 months immediately before their death.
Recovery is also generally excluded when the recoverable estate is worth $15,000 or less, Medicaid costs are $5,000 or less, or recovery would not be cost-effective.
Other families may qualify for an undue hardship waiver if repayment would cause serious financial hardship. Documented home-maintenance expenses or care costs may also reduce the claim when they meet Texas requirements.
>>> Read more: Can Medicaid Take Your House in Texas? When Estate Recovery Applies
Which deadlines apply to hardship waivers and deductions?
If your family qualifies for a hardship waiver or expense deduction, submitting the request on time is just as important as having supporting evidence.
- Hardship waiver: Generally, 60 calendar days from the date printed on the Notice of Intent.
- Expense deductions: MERP must receive the request and supporting records within 60 calendar days after you receive the notice.
- Hardship denial review: MERP must receive your written review request within 60 calendar days after you receive the denial.
Keep the original notices and proof of submission, since the date that starts each deadline matters.
5. How To Respond Before An Estate Recovery Deadline
If you receive a Texas MERP notice, don’t assume you owe the amount listed or have 120 days to respond. Your deadline depends on the notice and the action required.
Step 1. Identify the notice: Check whether it’s a Notice of Intent, recovery claim, or hardship denial. Each may require a different response.
Step 2. Record important dates: Keep the notice, envelope, and date you received it. These details help determine which deadline applies.
Step 3. Check available protections: Review the exemptions, hardship waivers, and deductions discussed above. Gather documents supporting your request.
Step 4. Submit your response: Follow the instructions on your latest notice. Texas changed its MERP contractor in September 2026, so verify current contact details through Texas Health and Human Services. Keep proof of delivery.
Step 5. Review the decision: Check whether further action is needed and record any new deadlines. If you disagree with the claim, consider consulting a Texas probate or elder-law attorney before paying or distributing estate assets.
6. Stay Connected During Estate Administration
Handling a loved one’s estate can mean making important calls and responding to time-sensitive notices. With so much already on your plate, keeping phone service affordable is one less thing you should have to worry about.
If you’re struggling with monthly phone costs, Lifeline may help. This federal program offers discounts on eligible phone service or internet service.
You may qualify through Medicaid, SNAP, SSI, Federal Public Housing Assistance, or household income at or below 135% of the Federal Poverty Guidelines.
Keep in mind that a deceased relative’s Medicaid coverage does not automatically qualify you. Eligibility depends on your own household circumstances, with separate verification and one Lifeline benefit per household.
Once you’ve checked your eligibility, Cintex Wireless is one option for accessing Lifeline-supported wireless service.
As the carrier merges into AirTalk Wireless, eligible customers can explore available plans and free or discounted phone offers through AirTalk. The options depend on your location and eligibility.
To check the options available where you live:
- Step 1. Enter your ZIP code on the carrier’s website to confirm service availability.
- Step 2. Review the service plans and available phones to pick the one that suits you the most.
- Step 3. Provide your information and any requested eligibility documents.
- Step 4. Submit and wait for a decision, then follow the activation instructions after approval.
IMPORTANT: The government does not subsidize devices. Lifeline programs cover basic service costs only. Free or discounted devices, upgrade plans, or top-ups are exclusive benefits provided by Cintex Wireless and AirTalk Wireless as part of the promotional offers. Terms and conditions apply. Limited-time promotion—offers vary by state, stock availability, and eligibility.
7. FAQs
What happens if MERP misses a deadline?
Missing a deadline may affect MERP’s ability to recover money, but it does not always automatically cancel the claim. The consequences depend on which deadline was missed and applicable probate rules. Seek legal advice before assuming recovery is barred.
Can Texas seek estate recovery if probate has not been opened?
Yes. Texas MERP can send a Notice of Intent before probate begins. However, receiving the notice does not mean the estate automatically owes money. MERP must still determine whether the claim is permitted.
Does Texas have one deadline for all Medicaid estate recovery claims?
No. Texas MERP has separate 60-day notice and 120-day claim-filing deadlines. Families also face different deadlines for hardship waivers and expense deductions. Each period begins with a specific event.
How long do heirs have to request an undue hardship waiver?
Generally, 60 calendar days from the date on the MERP Notice of Intent, not the date it arrives. Submit the request with supporting documents and keep proof that it was received.
Conclusion
The most important thing to understand about Medicaid estate recovery time limit Texas is that not every deadline applies to the same person or starts on the same date.
If your family receives a MERP notice, check which response period applies and whether the estate qualifies for protection before making decisions about payment.
