Tennessee Code Annotated

Tenn. Code Ann. § 71-5-116 (2026)

Lien on real estate - Claim against estate - Restrictions

✓ current as of May 2026

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(a) No applicant shall be required to execute an agreement for a lien on real property occupied as the applicant's residence on account of medical assistance paid or to be paid on the applicant's behalf pursuant to this part.

(b) No lien may be imposed against the real property of any recipient prior to the individual's death, on account of medical assistance paid or to be paid on the recipient's behalf pursuant to this part, except pursuant to a court judgment for recovery of benefits incorrectly paid on behalf of the recipient.

(c)
- (1) There shall be no adjustment or recovery of any payment for medical assistance correctly paid on behalf of any recipient pursuant to this part from the recipient's estate, except in the case of a recipient who was fifty-five (55) years of age or older at the time the recipient received medical assistance or services pursuant to this part. In that case, adjustment or recovery from the recipient's estate may be pursued only after the death of the individual's surviving spouse, if any, and only at a time when the individual has no surviving child who is under eighteen (18) years of age or no surviving child, as defined in § 1614 of the Social Security Act, who is blind or permanently and totally disabled, or a child who became blind or permanently and totally disabled after reaching majority, if the TennCare bureau and the personal representative agree, or, in the event of a disagreement, the court, after de novo review, finds that repayment would constitute an undue hardship to the blind or disabled child.
- (2) Before any probate estate may be closed pursuant to title 30, with respect to a decedent who, at the time of death, was enrolled in the TennCare program, the personal representative of the estate shall file with the clerk of the court exercising probate jurisdiction a release from the bureau of TennCare evidencing either:
  - (A) Payment of all medical assistance benefits, premiums, or other costs due from the estate under law;
  - (B) Waiver of the bureau's claims; or
  - (C) A statement from the bureau that no amount is due.

(d)
- (1) To facilitate and enhance compliance with subsection (c), the following notices shall be provided:
  - (A) Within thirty (30) days of receipt of notice of a person's death, the department of health shall notify the bureau of TennCare, in a format to be specified by the bureau, of the death of any individual fifty-five (55) years of age or older. Each notification shall include the decedent's name, date of birth and social security number;
  - (B) Within sixty (60) days of the date of issuance of either letters of administration or letters testamentary, the personal representatives of decedents shall provide notice of the death of any individual fifty-five (55) years of age or older to the bureau of TennCare, in a format to be specified by the bureau, shall state whether the decedent was a TennCare recipient and shall request a release from the bureau of TennCare pursuant to subdivision (c)(2), and an affidavit confirming notice shall be filed pursuant to § 30-2-301(b)(3);
  - (C) Personal representatives of decedents shall provide notice to the court concerning whether or not the decedent was a TennCare recipient pursuant to § 30-1-117; and
  - (D) Personal representatives of decedents shall provide the notice to creditors specified in § 30-2-306 to the bureau of TennCare, if the decedent was a TennCare recipient. If a notice to creditors is provided to the bureau, the bureau shall file a claim for recovery in accordance with the requirements of title 30, chapter 2, part 3.
- (2) It is the legislative intent of subdivision (d)(1) that, after the date of death, the bureau of TennCare strive vigorously to recoup any TennCare funds expended for a decedent during the decedent's lifetime.

(e) The bureau of TennCare shall publish a form of notice to be used pursuant to subdivisions (d)(1)(A) and (B), with instructions for use of the form written in plain language. The form and instructions shall be available at the office of any clerk of court exercising probate jurisdiction, as well as available on the bureau's website. Notice shall be provided via certified mail or in any other manner designated by the bureau.

(f) Recoveries pursuant to this section shall be prorated among the federal government, the state, and the county involved, if any, in proportion to the amounts that each contributed to the assistance and services.

Acts 1968, ch. 551, § 16; impl. am. Acts 1971, ch. 162, § 3; T.C.A., §§ 14-1916, 14-23-116; Acts 1994, ch. 682, § 1; 2002, ch. 880, § 9; 2006, ch. 639, § 3.

Notes of Decisions

Cited in 13 cases (2 in the last 5 years), 2004–2025 · leading case: In Re: Est. of Martha M. Tanner, 295 S.W.3d 610 (Tenn. 2009).

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In Re: Est. of Martha M. Tanner, 295 S.W.3d 610 (Tenn. 2009). · cites it 130× “Acts 2422 , 2425-26 (codified as amended at Tenn. Code Ann. § 71-5-116 (c) (1995 & Supp.”

In Re Est. of Ardell Hamilton Trigg, 368 S.W.3d 483 (Tenn. 2012). · cites it 12× “§ 1396p and Tenn.Code Ann. § 71-5-116, includes not only the personal property owned by a TennCare recipient at the time of death, but also the recipient’s interests in real property that are properly subject to the payment of the deceased recipient’s debts should the…”

In Re Est. of Omer Stidham, 438 S.W.3d 535 (Tenn. Ct. App. 2012). · cites it 30× “§§ 30-2-401 and 31-2-103 for the payment of the debts of an insolvent estate may be reached by the probate court for the purpose of reim- ■ bursing TennCare for the properly paid medical care provided to a deceased re- *543 eipient in accordance "with Tenn.Code Ann. § 71-5-116.…”

In Re Est. of Daughrity, 166 S.W.3d 185 (Tenn. Ct. App. 2004). · cites it 14× “Tenn.Code Ann. § 71-5-116 (2003). Statute of Limitations Applicable to Bureau’s Claim The Bureau correctly points out that there are two limitations periods which apply to creditor’s claims under Tennessee’s probate law.”

In Re: Est. of Fred Crumley, Sr., 439 S.W.3d 318 (Tenn. Ct. App. 2012). · cites it 38× “Following the hearing, the court dismissed the probate action, stating, [T]he court finds that, under the current version of [Tennessee Code Annotated section 71-5-116], the one year statute of limitations found in [Tennessee Code Annotated section 30 — 2—310(b) ] does apply to…”

In Re Est. of Dana Ruth Johnson Gregory (Tenn. Ct. App. 2012). · cites it 23× “The Tanner opinion examined the issue of whether a personal representative’s failure to “actively seek” a release or waiver of claim from the Bureau pursuant to Tenn. Code Ann. § 71-5-116 (c)(2) (Supp. 2011) prevents the statute of limitations from running against a claim for…”

In Re: Est. of Martha M. Tanner - Concurring (Tenn. 2009). · cites it 18× “” Tenn. Code Ann. § 71-5-116 (c)(2) (2004).”

In Re Est. of Vivian Thompson (Tenn. Ct. App. 2025). · cites it 4× “Tenn. Code Ann. § 71-5-116 (c). -3- A. Whether the trial court erred by finding that the spendthrift provision in Decedent’s revocable trust did not apply to TennCare.”

Est. of Mary E. Dillard v. Tennessee Bureau of Tenncare (Tenn. Ct. App. 2009). · cites it 6× “2007), which cases held that the Bureau’s right to recover benefits under Tenn. Code Ann. § 71-5-116 (c) was time-barred if not initiated within twelve months of the decedent’s death.”

In Re: The Est. of James Clifford Smith (Tenn. Ct. App. 2006). · cites it 4× “8 The estate also argued that recovery is prohibited by Tenn. Code Ann. § 71-5-116 (c). Since we find 42 U.”

In re: Est. of Roy W. Barnett (Tenn. Ct. App. 2005). · cites it 4× “Therefore, the State contends that the notice provision, by virtue of its appearance in section 71-5-118, does not apply to cases of correctly -4- paid benefits addressed in section 71-5-116 of the Tennessee Code. However, the warning provision states that the notice requirement…”

The Est. of Clint Wallace v. NewRez, LLC (Tenn. Ct. App. 2022). “ot limited to, premiums on the fiduciary bonds and reasonable compensation to the personal representative and the personal representative's counsel; (2) Second: Reasonable funeral expenses; (3) Third: Taxes and assessments imposed by the federal or any state government or…”

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— Tenn. Code Ann. § 71-5-116(c) — 8 cases