The 90-Day DHCS Notice: The California Probate Deadline You Cannot Miss

Why This Deadline Matters {#why-this-deadline-matters}

The 90-day DHCS notice is the single most dangerous deadline for new probate attorneys.

Miss it and:

• Personal liability for Medi-Cal claim amount
• Malpractice exposure
• Disciplinary risk
• Estate liability

This isn't theoretical. DHCS actively pursues estate recovery. They will catch the missed notice.

This article will ensure you never make this mistake.

What Is DHCS Estate Recovery? {#what-is-dhcs-estate-recovery}

The Department of Health Care Services (DHCS) administers Medi-Cal (California's Medicaid program).

When someone receives Medi-Cal benefits — especially long-term care, nursing home care, or significant medical services — DHCS has a claim against their estate for reimbursement.

Probate Code 9202 requires:

• Notice to DHCS within 90 days of appointment as personal representative
• DHCS then files claim if applicable
• Estate must pay valid Medi-Cal claims before distribution

DHCS estate recovery is a significant program. They pursue these claims aggressively because the amounts can be substantial — hundreds of thousands of dollars in some cases.

The 90-Day Clock {#the-90-day-clock}

Trigger: Date Letters Testamentary or Letters of Administration are issued

Deadline: 90 days from issuance

Action: Mail notice to DHCS Estate Recovery Unit

Let's be very clear about what starts the clock:

• NOT 90 days from death
• NOT 90 days from filing petition
• 90 days from LETTERS ISSUED

The day the court issues Letters to your client, the 90-day clock begins.

How to Send the Notice {#how-to-send-the-notice}

Required Information

Your notice must include:

• Decedent's name and date of death
• Decedent's Social Security number
• Personal representative's name and contact
• Attorney's name and contact
• Court case number
• Date Letters issued

Where to Send

DHCS Estate Recovery Unit MS 4720 P.O. Box 997425 Sacramento, CA 95899-7425

Important: Verify the current address on the DHCS website before sending. Addresses can change.

How to Send

• Certified mail, return receipt requested (this is critical)
• Keep proof of mailing in your file
• Keep copy of the notice

Form

There's no mandatory Judicial Council form for this notice. Options:

• DE-121 (Notice of Administration) with DHCS as addressee
• Custom letter with required information
• ProbateYoda generates a DHCS-specific notice automatically

What Happens After Notice {#what-happens-after-notice}

If Decedent Had Medi-Cal

DHCS will:

1. Research benefits received
2. Calculate recovery amount
3. File creditor claim with estate
4. Claim must be paid before distribution

If Decedent Had No Medi-Cal

DHCS may:

• Confirm no benefits (no claim)
• Not respond (no claim filed)

Either way, YOUR obligation is to send the notice. Whether DHCS has a claim is their determination to make.

You don't need to know whether the decedent received Medi-Cal. You need to send the notice. Always.

What Happens If You Miss It {#what-happens-if-you-miss-it}

Personal Liability

Probate Code 9202(c):

"If the personal representative fails to give notice as required... the personal representative is personally liable for any loss to the estate caused by the failure."

This means DHCS can pursue YOU personally for the Medi-Cal claim amount.

Not the estate. You.

Malpractice Exposure

Failure to meet a statutory deadline is negligence. Your malpractice carrier will not be happy. Premiums will increase. Coverage may be affected.

Estate Liability

Even if DHCS doesn't pursue you personally, the estate (and beneficiaries) may sue for losses caused by your failure.

Bar Complaints

Missing a statutory deadline that causes client harm is the kind of thing that generates bar complaints.

Avoiding the Problem {#avoiding-the-problem}

Calendar Immediately

The day you receive Letters:

• Calculate 90-day deadline
• Set reminder at 60 days
• Set hard deadline at 85 days
• Send by day 80 latest (give yourself buffer)

Use Software

ProbateYoda automatically:

• Calculates deadline from Letters issuance
• Sends reminders at multiple intervals
• Generates DHCS notice with correct information
• Tracks proof of mailing

Create a Checklist

Every new probate matter:

• [ ] Receive Letters
• [ ] Calculate 90-day deadline
• [ ] Calendar deadline with reminders
• [ ] Prepare DHCS notice
• [ ] Send certified mail, return receipt
• [ ] File proof of mailing

Common Questions

What if I don't know the decedent's SSN? Make reasonable efforts to obtain it. Include in the notice what information you have. Note that SSN is unknown if necessary, but send the notice.

What if decedent definitely had no Medi-Cal? Send the notice anyway. You don't know for certain. The decedent may have received benefits you're unaware of. The notice protects you.

What if I'm late? Send immediately. Document the delay. Consult your malpractice carrier. Late notice is better than no notice, but you may have liability for the delay.

Can I get an extension? No. There's no statutory extension. 90 days is a hard deadline.

What if the estate is insolvent? Still send the notice. DHCS claim priority is determined by Probate Code. Insolvency doesn't eliminate the notice requirement.

The Takeaway

This is not optional. This is not "best practice." This is a statutory requirement with personal liability.

Every probate case:

1. Get Letters
2. Send DHCS notice
3. Document everything

The 90-day DHCS notice is the deadline that separates experienced probate attorneys from those learning expensive lessons.

Don't learn it the hard way.