Takeaways
- A growing number of Americans are aging and dying alone, leading to complex legal and logistical challenges when accessing sealed apartments and managing estates.
- Comprehensive estate planning, including wills, living trusts, and detailed instructions, is crucial for solo agers to prevent delays and ensure that loved ones can access property and manage affairs after death.
More Americans are growing old alone. And dying that way, too.
With rising numbers of single-person households, smaller families, and a rapidly aging population, the so-called “loneliness epidemic” isn’t just a public health concern — it’s a legal and logistical nightmare waiting to happen.
When a solo ager dies without a clear estate plan, their passing can trigger a chain reaction that leaves surviving loved ones locked out, both emotionally and literally. Sealed apartments, tangled court procedures, and months of red tape can add anguish — and thousands in legal fees — to an already painful situation.
As America ages and more adults live alone, understanding what happens when an apartment is sealed, and how to prevent it, has become an important but often overlooked aspect of estate planning.
Surviving family members may need to hire a lawyer to gain access to the deceased’s premises. A lawyer can also help to plan ahead for this worst-case scenario by making sure the right documents are in place.
America’s Loneliness Epidemic and Solo Agers
A historic number of older Americans are now living by themselves. Known as the “solo ager” phenomenon, it’s part of the broader loneliness epidemic that public health officials say has negative health impacts similar to smoking a pack of cigarettes a day.
Loneliness, which one survey found affects 60 percent of Americans, including 40 percent of older adults, can cause and worsen physical and mental health disorders and has been shown to lead to higher health care utilization among older adults. The Surgeon General recently stated that a lack of social connection is a public health issue on par with tobacco, obesity, and substance use disorder.
According to the United States Census Bureau, approximately 28 percent of people aged 65 and older live alone, including around 6 million men and 10 million women. This figure, driven by rising life expectancies and changing family structures, represents a substantial increase from previous decades. In 1950, for example, just one in 10 older Americans lived on their own.
A 2023 report by the National Poll on Healthy Aging found that one in three adults aged 50 to 80 reported feeling isolated from others in the past year. Loneliness and social isolation can impact not only physical and mental health as we age, but the absence of immediate family support can also present unique challenges when managing crises or navigating end-of-life situations.
Behind Closed Doors
It’s a scene no one wants to imagine: A loved one passes away alone in their home or apartment. Family shows up to gather their belongings or search for a will — only to find the door sealed, locked, and guarded by police tape or an official notice.
They’re told they can’t enter without court approval and now face a legal process that could take weeks or months.
The primary reasons for sealing an apartment are twofold: to safeguard the decedent’s assets and to preserve any potential evidence, particularly if the cause of death is not immediately apparent or if there’s any suspicion of foul play. While these intentions are understandable from a law enforcement perspective, for grieving family members, it can create a frustrating barrier to entry. They are often told by building management to seek police authorization, while the police direct them to the court to gain access, leading them around in legally uncertain circles.
Imagine this happening: An elderly woman dies peacefully at home. She lived alone but was attended by 24-hour aides and under the care of a visiting physician. Yet she wasn’t enrolled in home hospice care, and when the aides found her body, they called a friend in the building who called 911, triggering an emergency response.
After EMTs and police arrived and removed her body, they sealed the apartment. Even her only child — her daughter, named as her executor — was denied access and told the apartment could remain sealed for months. Despite being her mother’s legal heir and personal representative, she had to hire an attorney just to begin the process of gaining entry.
For the growing number of solo agers and their loved ones, this example is more than hypothetical. Consider this “horror show” from New York City in which a 92-year-old-woman with dementia died alone in her apartment. Although her death was attributed to natural causes by the city medical examiner, the apartment remained sealed for nearly five months. Meanwhile, her family could not collect her remains or obtain the death certificate necessary to name an executor for her estate.
Local Laws Dictate Access to Premises
The process of gaining access to a residence after the resident dies varies by state and local jurisdiction. To give just some idea of the issues that can be encountered, here’s a rough outline of how the process works in New York, California, and Florida.
New York
- In New York City, when a person dies alone and their apartment is sealed — typically by the NYPD after an unattended death — an interested party may petition the court that handles probate proceedings in New York for limited access to search for key estate documents.
- This is usually done through a petition to unseal the apartment, filed in the Miscellaneous Department of the appropriate court.
- Access is limited in scope to locating essential documents such as the last will and testament, funeral or burial instructions, and insurance policies.
- The search is typically conducted under NYPD supervision, and the apartment is resealed afterward.
- Full access to manage the deceased’s property and belongings is only granted once the court appoints a legal representative (i.e., an executor or administrator).
California
- In California, family members cannot access a deceased tenant’s apartment or retrieve belongings without legal authority from the probate court.
- A tenant’s death does not terminate the lease, and the landlord is typically required to secure the unit, but may not grant access to relatives or dispose of personal property without a court-appointed executor or administrator.
- Access to the apartment is usually granted only after probate begins and the court issues Letters Testamentary (if there’s a will) or Letters of Administration (if not).
- If no personal representative comes forward, the landlord may eventually treat the unit as “abandoned,” triggering a legal notice process.
- If the property left behind is valued over $700, the law requires a public auction, with proceeds going to the county. This makes timely probate action crucial for families wishing to recover sentimental or valuable items.
Florida
- In Florida, landlords cannot grant access to a deceased tenant’s unit unless the individual is named on the lease or has been appointed as personal representative through the probate court.
- A deceased tenant’s lease obligations continue with the estate. For month-to-month leases, if rent is unpaid and no probate is opened, the landlord may be able to take possession after 60 days.
- The sooner a personal representative is appointed, the sooner they can take possession of the decedent’s personal property and legally access the residence.
- Under Florida law, a landlord may take possession and dispose of property if:
- The last remaining tenant has died,
- Personal property remains in the unit,
- Rent is unpaid,
- At least 60 days have passed since death, and
- No one has provided written notice of an open probate or the identity of a personal representative.
- If no one steps forward legally, the landlord may be able to clear the apartment without direct family involvement, a risk that underscores the importance of estate planning and timely legal action.
Avoiding Solo Ager Estate Complications Through Planning
Death often comes unexpectedly — and presents unexpected complications. These complications can be especially difficult when someone lives alone and their affairs must navigate complex probate and landlord laws like those described above.
However, comprehensive estate planning can prevent or mitigate many of these issues, ensuring that loved ones aren’t left powerless — or locked out — at a time when they’re facing family and legal obligations. Simple, effective estate planning tools that every solo ager should have include:
- Will. Designates an executor and outlines how assets should be distributed. A properly executed will helps streamline the probate process and makes it easier for the right person to gain legal authority.
- Revocable Living Trust. Allows assets to be managed and transferred without going through probate. A named successor trustee can step in immediately, avoiding delays in accessing property or financial accounts.
- Health Care Proxy and Advance Directives. Specifies who can make medical decisions if the individual becomes unable to do so and outlines treatment preferences. These documents can also help reduce delays related to medical examiner reviews.
- Beneficiary Designations. Naming beneficiaries on retirement accounts, life insurance policies, and bank accounts allows those assets to transfer directly, avoiding probate and court delays.
- Safe Deposit Box Access Plan. Gives a trusted individual the authority and ability to access critical documents stored in a safe deposit box. Without access, essential documents may be delayed or overlooked.
- Detailed Letters of Instruction. While a will is legally binding, a separate, detailed “letter of instruction” or “letter of final wishes” can provide invaluable practical, nonlegal guidance. This can include a contact list, the location of important documents, and a list of digital accounts and passwords.
Since even the most carefully crafted estate plan can face delays if no one knows where to find it, key documents should be stored with a lawyer, trusted friend, or family member, where the executor or administrator can easily and reliably find them when they’re needed.
Beyond legal fiduciaries, solo agers may want to identify a handful of trusted individuals (e.g., a close friend, responsible neighbor, or professional care manager) who know they live alone and have their emergency contact information. They should know who to call and where to find letters of instruction if something happens. This additional step could reduce the chances of a “found alone” scenario that leads to a sealed apartment.
For solo agers and their families, the challenges of living alone can extend to their death. If you live alone or have a loved one who does and you need help with creating your estate planning documents or with apartment unsealing, contact us.
