Medicaid Estate Recovery

Instructions for Filing a Medicaid Estate Recovery Notice

Ohio law requires that you must provide an original copy of a Notice of Pending Transfer of Property by Transfer on Death Deed form, aka Medicaid Estate Recovery form, when you are filing a transfer to a TOD beneficiary. The notice form is not a public record and is not available for public inspection, so please do not include the form as an exhibit.

When filing a Transfer on Death Affidavit of Confirmation, please provide the following:
  • The original signed copy and a copy of the Notice Form
    • We are required to time-stamp the original copy of the notice form before we record the TOD Affidavit of Confirmation and to send it to the Medicaid administrator. We will also time-stamp your copy, which you may keep. We will keep a copy of the notice for our records. If you do not bring a copy with you, you may pay the customary fees to make a copy. There is a link to the form on this website, or you can locate the form on the Ohio Department of Medicaid website. Look for form ODM 07408.
  • A copy of the Transfer on Death Designation Affidavit or the Transfer on Death Deed, which we send with the notice
  • We are required to attach a copy of the TOD Designation Affidavit or the TOD Deed that was recorded prior to the death of the property owner
  • Payment to adequately cover postage costs for the Notice form. This postage is separate from the postage you provide for filing the TOD Affidavit of Confirmation. The only processing fee you will incur from the Recorder’s Office is the postage fee.
  • After we have time-stamped the notice form and attached a copy of the TOD Designation Affidavit or TOD Deed, which you have provided, we will mail the documents to the Administrator. The TOD Affidavit of Confirmation will be recorded as usual, with the usual fees for recording and postage.

After the Notice form is mailed, the Recorder’s Office will not be contacted by the Medicaid administrator unless a Medicaid lien is filed. For questions concerning processing after the Medicaid administrator has received the notice, please contact the Medicaid Estate Recovery Program at the address on the form.

Ohio Revised Code (law) for Medicaid Estate Recovery

5302.22                                          5302.221