# New Mexico — Medicaid Estate Recovery Rules by State

For New Mexico, what counts as the estate is Real and personal property and other assets of an individual subject to probate or administration pursuant to the New Mexico Uniform Probate Code; survivor protections is Recovery from an eligible recipient's estate will be made only after the death of the eligible recipient's surviving spouse, if any, and only at a time that the eligible recipient does not have surviving child who is less than 21 years of age, blind, or who meet the SSA definition of disability; citation is 8.200.430.19 NMAC, recorded from its source on 2026-08-31.

- **State:** New Mexico _(our reading, not quoted from the source)_
- **What counts as the estate:** Real and personal property and other assets of an individual subject to probate or administration pursuant to the New Mexico Uniform Probate Code. _(verified: appears in its own passage below)_
- **Survivor protections:** Recovery from an eligible recipient's estate will be made only after the death of the eligible recipient's surviving spouse, if any, and only at a time that the eligible recipient does not have surviving child who is less than 21 years of age, blind, or who meet the SSA definition of disability. _(verified: appears in its own passage below)_
- **Undue hardship waiver:** Hardship provision: HCA, or its designee, may waive recovery because recovery would work an undue hardship on the heirs. The following are deemed to be causes for hardship: (a) the deceased recipient's heir would become eligible for a needs-based assistance program such as medicaid or temporary assistance to needy families (TANF) or be put at risk of serious deprivation without the receipt of the proceeds of the estate; (b) the deceased eligible recipient's heir would be able to discontinue reliance on a needs-based program (such as medicaid or TANF) if they received the inheritance from the estate; (c) the deceased recipient’s assets which are subject to recovery are the sole income source for the heir; (d) the homestead is worth 50 percent or less than the average price of a home in the county where the home is located based on census data compared to the property tax value of the home; or (e) there are other compelling circumstances as determined by HCA or its designee. _(verified: appears in its own passage below)_
- **Citation:** 8.200.430.19 NMAC _(our reading, not quoted from the source)_

## What the source says

> 8.200.430.19 MAD ESTATE RECOVERY: HCA is mandated to seek recovery from the estates of certain individuals up to the amount of medical assistance payments made by the HCA on behalf of the individual. See Social Security Act Section 1917 (42 USC 1396p(b) and Section 27-2A-1 et seq., NMSA 1978 "Medicaid Estate Recovery Act").

## 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

> (2) Estate: Real and personal property and other assets of an individual subject to probate or administration pursuant to the New Mexico Uniform Probate Code.

### Survivor protections

> D. Recovery process: Recovery from an eligible recipient's estate will be made only after the death of the eligible recipient's surviving spouse, if any, and only at a time that the eligible recipient does not have surviving child who is less than 21 years of age, blind, or who meet the SSA definition of disability.

### Undue hardship waiver

> Hardship provision: HCA, or its designee, may waive recovery because recovery would work an undue hardship on the heirs. The following are deemed to be causes for hardship: (a) the deceased recipient's heir would become eligible for a needs-based assistance program such as medicaid or temporary assistance to needy families (TANF) or be put at risk of serious deprivation without the receipt of the proceeds of the estate; (b) the deceased eligible recipient's heir would be able to discontinue reliance on a needs-based program (such as medicaid or TANF) if they received the inheritance from the estate; (c) the deceased recipient’s assets which are subject to recovery are the sole income source for the heir; (d) the homestead is worth 50 percent or less than the average price of a home in the county where the home is located based on census data compared to the property tax value of the home; or (e) there are other compelling circumstances as determined by HCA or its designee.

## Source

- https://www.srca.nm.gov/parts/title08/08.200.0430.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/).