§ 28-13-103 - Claims for nursing care of intestate.
28-13-103. Claims for nursing care of intestate.
(a) If any person dies seized of any real or personal estate, with no surviving spouse or minor children and the person has received nursing care paid in whole or in part by the Department of Human Services, then the department shall be entitled to reimbursement for the total amount of nursing care paid for by the department for the intestate.
(b) The department may file as a distributee under the provisions of 28-41-101 for the sum total of all nursing home payments made by the state on behalf of the intestate decedent when:
(1) The department is informed or has reason to believe that there are no known heirs or legal representatives of the intestate, or that no person will appear within one (1) year after granting letters of administration; or
(2) There has been no pleading filed to dispense with administration under 28-41-101 to claim the personal estate of the intestate as next of kin.
(c) In the event that the property remaining exceeds the amount of payment made by the department on behalf of the decedent, the excess funds shall escheat to the state under the procedures of this chapter.