Section 210-RICR-10-00-4.4 - APPLICATION OF THE LIENA. The lien shall apply to the individual's estate which includes all real and personal property and other assets that are included or includable within the individual's probate estate. Consequently, an individual's probate estate may be comprised of liquid assets as well as real property, including any resources remaining at the time of death which were allowable in the individual's Medicaid eligibility determination.B. Other than as provided in § 4.15 of this Part, a lien cannot attach to assets which are not the subject of a probate estate initiated within the State of Rhode Island, or in any other state in which the individual was a domiciliary. Real or personal property which passes by operation of law, or passes to beneficiaries under a contract, deed, annuity, or other instruments such as trust agreements or insurance policies, or any other property which does not require the initiation of a probate process to convey title or beneficial interests or ownership to others, is excluded from the lien process.C. The lien shall attach against property of a beneficiary, which is included or includable in the decedent's probate estate, regardless of whether or not a probate proceeding has been commenced in the probate court by EOHHS or by any other party. Provided, however that such lien shall only attach and shall only be effective against the beneficiary's real property included or includable in the beneficiary's probate estate upon proper prior notice and if such lien is recorded in the land evidence records and is in accordance with R.I. Gen. Laws § 40-8-15. Decedents who have received Medicaid are subject to the assignment and subrogation provisions of R.I. Gen. Laws §§ 40-6-9 and 40-6-10.D. The lien for the recovery of Medicaid expenditures: 1. Does not attach during the beneficiary's lifetime;2. Does not attach to any real or personal property that is not included or includable in the deceased Medicaid beneficiary's probate estate.E. The lien for the recovery of Medicaid expenditures:1. Does cover all periods of receipt of Medicaid from and after age fifty-five (55).2. The recipient does not have to be receiving Medicaid at the time of death.3. Does attach at death to all assets included or includable within the individual's probate estate. That is, any and all assets that are subject to Probate or to assets where there is no probate due to the use of the Rhode Island "small estates" statute (R.I. Gen. Laws § 33-24-1 et seq.).4. Does attach to and remain a lien upon the estate property, whether or not the property is transferred, and upon all property acquired by the executor or administrator in substitution therefore while that property remains in his or her hands until the Medicaid is paid, but the lien shall not affect any tangible personal property or intangible personal property after it has passed to a bona fide purchaser for value. If there are questions concerning the passage to a bona fide purchaser, the case will be referred to the EOHHS Legal Office as referenced in § 4.5 of this Part.5. Notice of said lien shall be sent to the duly appointed executor or administrator, the decedent's legal representative, if known, or to the decedent's next of kin or heirs at law as stated in the decedent's last application for Medicaid, thirty (30) days prior to filing in the land evidence records. Said notice shall include appeal rights as noted in § 4.11 of this Part.210 R.I. Code R. 210-RICR-10-00-4.4