Arizona's Limited Recovery
Arizona only recovers from the probate estate. Assets that pass outside of probate, such as those held in a properly funded living trust, transferred by beneficiary deed, or held in joint tenancy with right of survivorship, generally are not subject to recovery.
Hardship Waivers
Recovery can be waived or delayed when a surviving spouse, a minor child, or a disabled child still lives in the home. AHCCCS reviews hardship requests on a case-by-case basis.
Planning to Limit Exposure
Trust funding, beneficiary deeds, and irrevocable Medicaid asset protection trusts can all reduce or eliminate the probate estate available for recovery. Timing matters: transfers made too close to a Medicaid application can be disqualified during the lookback period.
Arizona Recovery Backdrop
Recovery is asserted as a creditor claim under A.R.S. 14-3104, which is why probate avoidance is the primary defense.