Oregon Estate Administration Unit: What It Is and What to Do When They Contact You

The Oregon Estate Administration Unit (EAU) is a division of the Oregon Department of Human Services (ODHS). Its function is specific: recover the costs of Medicaid long-term care benefits paid on behalf of Oregon residents from those residents' estates after they die.

If the person who died received Oregon Medicaid — particularly for nursing home care, assisted living, home health services, or any long-term care after age 55 — the EAU may contact the estate. The estate should follow the applicable notification and recovery process.

Why the EAU Contacts You

Federal law requires all states to operate a Medicaid Estate Recovery Program (MERP). Oregon operates one of the most aggressive programs in the country, reportedly recovering approximately $14 for every dollar invested in the recovery program.

The EAU pursues recovery for:

• Long-term care services paid by Oregon Medicaid (nursing facility, residential care, home and community-based services)
• Medicare Part D prescription drug costs paid before 2014 (regardless of the recipient's age)
• Medicare Part D costs paid after 2014 only if the recipient was 55 or older at the time of payment

Oregon's Expanded Estate Definition: What Assets Are Reachable

This is the fact that most surprises families, and the reason simple probate-avoidance strategies fail in Oregon:

Oregon enacted an expanded definition of the estate for Medicaid recovery purposes in July 1995. Under this framework, the EAU can pursue recovery not only from assets passing through formal probate, but also from:

• Joint tenancy accounts — bank accounts held with right of survivorship
• Transfer on Death (TOD) designated accounts and deeds
• Tenancies in common
• Life estates
• Revocable living trusts
• Other arrangements where the decedent held a legal interest at death

The practical consequence: adding an adult child's name to a bank account, recording a TOD deed on the family home, or placing assets in a revocable living trust does not shield those assets from the EAU's claims in Oregon. These are commonly promoted estate planning strategies — but they do not work against Medicaid recovery here.

The 2014 Oregon case Nay v. DHS confirmed that the EAU's reach is limited to assets where the Medicaid recipient held legal title or a legal interest at the exact moment of death — so property transferred outright (and not retained as a life estate or revocable interest) before death is generally outside the EAU's reach. But this type of strategic transfer requires advance planning years before a Medicaid application, not months.

When the EAU Cannot Collect

Oregon law mandates specific circumstances where the EAU must defer recovery; do not assume the claim is waived:

Surviving spouse: If the deceased Medicaid recipient is survived by a spouse, recovery is deferred during the spouse's lifetime. Do not sell, encumber, or distribute affected property without resolving the EAU process. The claim is deferred, not extinguished — when the surviving spouse subsequently dies, the state will assert its claim against that estate, assuming sufficient assets remain. Historically, 10% to 15% of Oregon's EAU recoveries come from claims against a surviving spouse's estate.

Minor child: The state defers recovery while the decedent is survived by a child under the age of 21.

Disabled or blind child: The state also defers recovery if the decedent is survived by a child of any age who is legally blind or permanently and totally disabled.

Other situations: Do not assume a recovery claim is waived; obtain a written determination from the EAU or legal advice about any fact-specific relief.

What the EAU Requires From the Estate

When the EAU initiates contact with an estate, they will typically request a comprehensive set of financial documents to calculate their claim:

• Bank statements as of the date of death
• Funeral receipts and costs
• Real property information — mortgage statements, deferred tax accounts, liens
• Trust documents (if a living trust was in place)
• Annuity contracts
• A copy of the will

Providing these documents promptly is in the estate's interest. The EAU may request these documents to calculate its claim, and delay can create complications with the overall estate timeline.

Critical: Do Not Distribute Assets Until EAU Clearance

This is the most important procedural rule when the EAU is involved: do not distribute estate assets to heirs or pay non-priority creditors until you receive official EAU clearance or a determination of the state's claim.

If the personal representative or affiant distributes estate assets to beneficiaries before satisfying a valid EAU claim, those distributions may be voidable — meaning the EAU can potentially require heirs to return the funds.

The statutory notification requirement in Oregon reinforces this: the Simple Estate Affidavit process and formal probate require the affiant or personal representative to serve the ODHS Estate Administration Unit with formal notice within the applicable 30-day notice period after filing or appointment. This notification starts the process of establishing or deferring the state's claim.

How to Contact the Oregon Estate Administration Unit

The EAU is reachable through the Oregon Department of Human Services. Contact them early — even before you receive an initial communication from the state — if you know the decedent received Oregon Medicaid benefits. Proactive contact establishes a paper trail and allows you to understand the potential claim size before making distribution decisions.

When contacting the EAU, have the following information ready:

• The decedent's full legal name
• Social Security number
• Date of death
• Contact information for the personal representative or affiant

Dealing with the Oregon Estate Administration Unit is one of the most procedurally complex aspects of Oregon estate settlement. The Oregon Estate Settlement Guide covers the EAU notification requirements, creditor priority rules, and the full estate administration sequence — including exactly when it is and isn't safe to distribute assets.

See more Oregon guides →