# North Dakota — Medicaid Estate Recovery Rules by State

For North Dakota, what counts as the estate is All assets in the decedent's estate of the spouse of a deceased medical assistance recipient are presumed to be assets in which that recipient had an interest at the time of the recipient's death; survivor protections is A claim may not be required to be paid nor may interest begin to accrue during the lifetime of the decedent's surviving spouse, if any, nor while there is a surviving child who is under the age of twenty-one years or is blind or permanently and totally disabled; citation is N.D.C.C. § 50-24.1-07, recorded from its source on 2026-08-31.

- **State:** North Dakota _(our reading, not quoted from the source)_
- **What counts as the estate:** All assets in the decedent's estate of the spouse of a deceased medical assistance recipient are presumed to be assets in which that recipient had an interest at the time of the recipient's death. _(verified: appears in its own passage below)_
- **Survivor protections:** A claim may not be required to be paid nor may interest begin to accrue during the lifetime of the decedent's surviving spouse, if any, nor while there is a surviving child who is under the age of twenty-one years or is blind or permanently and totally disabled _(verified: appears in its own passage below)_
- **Citation:** N.D.C.C. § 50-24.1-07 _(our reading, not quoted from the source)_

## What the source says

> the total amount of medical assistance paid on behalf of the recipient following the institutionalization of the recipient who cannot reasonably be expected to be discharged from the medical institution, or following the recipient's fifty-fifth birthday, as the case may be, must be allowed as a preferred claim against the decedent's estate after payment, in the following order, of:

## 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

> 5. All assets in the decedent's estate of the spouse of a deceased medical assistance recipient are presumed to be assets in which that recipient had an interest at the time of the recipient's death.

### Survivor protections

> 2. a. A claim may not be required to be paid nor may interest begin to accrue during the lifetime of the decedent's surviving spouse, if any, nor while there is a surviving child who is under the age of twenty-one years or is blind or permanently and totally disabled, but no timely filed claim may be disallowed because of the provisions of this section.

## Source

- https://ndlegis.gov/cencode/t50c24-1.pdf

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/).