# Nevada — Medicaid Estate Recovery Rules by State

For Nevada, survivor protections is The amount of Medicaid paid to or on behalf of a person is a claim against the estate in any probate proceeding only at a time when there is no surviving spouse or surviving child who is under 21 years of age, blind or disabled; citation is NRS 422.054; NRS 422.29302, recorded from its source on 2026-08-31.

- **State:** Nevada _(our reading, not quoted from the source)_
- **What counts as the estate:** “Undivided estate” means all real and personal property and other assets included in the estate of a deceased recipient of Medicaid and any other real and personal property and other assets in or to which the deceased recipient had an interest or legal title immediately before or at the time of his or her death, to the extent of that interest or title. The term includes, without limitation, assets conveyed to a survivor, heir or assign of the deceased recipient through or as the result of any joint tenancy, tenancy in common, survivorship, life estate, living trust, annuity, declaration of homestead or other arrangement. _(verified: appears in its own passage below)_
- **Survivor protections:** The amount of Medicaid paid to or on behalf of a person is a claim against the estate in any probate proceeding only at a time when there is no surviving spouse or surviving child who is under 21 years of age, blind or disabled. _(verified: appears in its own passage below)_
- **Undue hardship waiver:** The Director may elect not to file a claim against the estate of a recipient of Medicaid or the spouse of the recipient if the Director determines that the filing of the claim will cause an undue hardship for the spouse or other survivors of the recipient. The Director shall adopt regulations defining the circumstances that constitute an undue hardship. _(verified: appears in its own passage below)_
- **Citation:** NRS 422.054; NRS 422.29302 _(our reading, not quoted from the source)_

## What the source says

> 1. Except as otherwise provided in this section and to the extent it is not prohibited by federal law and when circumstances allow, the Authority shall recover benefits correctly paid for Medicaid from: (a) The undivided estate of the person who received those benefits; and (b) Any recipient of money or property from the undivided estate of the person who received those benefits.

## 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

> “Undivided estate” means all real and personal property and other assets included in the estate of a deceased recipient of Medicaid and any other real and personal property and other assets in or to which the deceased recipient had an interest or legal title immediately before or at the time of his or her death, to the extent of that interest or title. The term includes, without limitation, assets conveyed to a survivor, heir or assign of the deceased recipient through or as the result of any joint tenancy, tenancy in common, survivorship, life estate, living trust, annuity, declaration of homestead or other arrangement.

### Survivor protections

> 4. The amount of Medicaid paid to or on behalf of a person is a claim against the estate in any probate proceeding only at a time when there is no surviving spouse or surviving child who is under 21 years of age, blind or disabled.

### Undue hardship waiver

> 5. The Director may elect not to file a claim against the estate of a recipient of Medicaid or the spouse of the recipient if the Director determines that the filing of the claim will cause an undue hardship for the spouse or other survivors of the recipient. The Director shall adopt regulations defining the circumstances that constitute an undue hardship.

## Source

- https://www.leg.state.nv.us/NRS/NRS-422.html

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/).