(a) The Medicaid Agency may petition to open the probate estate of a Medicaid recipient by filing a petition to appoint a third party administrator and issue letters of administration, pursuant to the timing limitations of Section 43-2-43.
(b) The petition shall contain all of the following information:
(1) The date the recipient died.
(2) An explanation of why the petition is filed in the proper court in accordance with Section 43-2-40.
(3) A listing of the recipient's personal and real property of which the Medicaid Agency is aware.
(4) A listing of the recipient's debts of which the agency is aware.
(5) A listing of the recipient's possible heirs, including contact information, if known, of which the agency is aware.
(c) If the Medicaid Agency is not aware of information listed in subsection (b), the agency shall describe each piece of information that it lacks.
(d) If the petition contains the information required in subsection (b), or statements in accordance with subsection (c), the court shall appoint a third party administrator in accordance with Section 43-2-42, and require that administrator to procure a bond in accordance with Article 4 of this chapter. Once the court is satisfied that an appropriate bond has been procured, the court shall issue letters of administration to the administrator.
(e) The administrator shall be compensated in accordance with Section 43-2-848.
(f) When appointing an administrator pursuant to this section, the probate court shall not appoint an employee of the Medicaid Agency as an administrator of the estate of a Medicaid recipient.
(g) The filing fee for the filing of the Medicaid Agency's petition under this section shall be considered part of the fees and charges of administration and shall be paid back to the agency without the filing of an additional claim.
Last modified: May 3, 2021