# Missouri — Medicaid Estate Recovery Rules by State

For Missouri, survivor protections is The collection of the claim will adversely affect the need of the surviving spouse or dependents of the decedent to reasonable care and support from the estate; undue hardship waiver is Such claim shall not be filed or allowed if it is determined that: (1) The cost of collection will exceed the amount of the claim;; citation is 473.398, recorded from its source on 2026-08-31.

- **State:** Missouri _(our reading, not quoted from the source)_
- **What counts as the estate:** 1. Upon the death of a person, who has been a participant of aid, assistance, care, services, or who has had moneys expended on his behalf by the department of health and senior services, department of social services, or the department of mental health, or by a county commission, the total amount paid to the decedent or expended upon his behalf after January 1, 1978, shall be a debt due the state or county, as the case may be, from the estate of the decedent. The debt shall be collected as provided by the probate code of Missouri, chapters 472 , 473 , 474 and 475 . _(verified: appears in its own passage below)_
- **Survivor protections:** The collection of the claim will adversely affect the need of the surviving spouse or dependents of the decedent to reasonable care and support from the estate. _(verified: appears in its own passage below)_
- **Undue hardship waiver:** Such claim shall not be filed or allowed if it is determined that: (1) The cost of collection will exceed the amount of the claim; _(verified: appears in its own passage below)_
- **Citation:** 473.398 _(our reading, not quoted from the source)_

## What the source says

> 1. Upon the death of a person, who has been a participant of aid, assistance, care, services, or who has had moneys expended on his behalf by the department of health and senior services, department of social services, or the department of mental health, or by a county commission, the total amount paid to the decedent or expended upon his behalf after January 1, 1978, shall be a debt due the state or county, as the case may be, from the estate of the decedent. The debt shall be collected as provided by the probate code of Missouri, chapters 472 , 473 , 474 and 475 .

## Where each value comes from

This source states these in separate places, so each value is shown with the passage that states it.

### What counts as the estate

> 1. Upon the death of a person, who has been a participant of aid, assistance, care, services, or who has had moneys expended on his behalf by the department of health and senior services, department of social services, or the department of mental health, or by a county commission, the total amount paid to the decedent or expended upon his behalf after January 1, 1978, shall be a debt due the state or county, as the case may be, from the estate of the decedent. The debt shall be collected as provided by the probate code of Missouri, chapters 472 , 473 , 474 and 475 .

### Survivor protections

> 3. Such claim shall not be filed or allowed if it is determined that: (1) The cost of collection will exceed the amount of the claim; (2) The collection of the claim will adversely affect the need of the surviving spouse or dependents of the decedent to reasonable care and support from the estate.

### Undue hardship waiver

> 3. Such claim shall not be filed or allowed if it is determined that: (1) The cost of collection will exceed the amount of the claim; (2) The collection of the claim will adversely affect the need of the surviving spouse or dependents of the decedent to reasonable care and support from the estate.

## Source

- https://revisor.mo.gov/main/OneSection.aspx?section=473.398

Last verified: 2026-08-31. Review by: 2027-08-31.
Part of [Medicaid Estate Recovery Rules by State](https://referencesource.org/medicaid-estate-recovery-rules-by-state/).