Legal Question in Administrative Law in California

Re: declaring someone legally dead

Evidence Code section 667 says "A person not heard from in five years is presumed to be dead."

The Probate Code, section 12401 I believe, provides for petitioning a court for a finding of death based upon this presumption. The petitioner has the burden of producing evidence to show that the presumption applies.

Upon a successful petition to the California court with proper jurisdiction and venue. the missing person's estate would be eligible for administration (probate) under the Probate Code.

You are likely to prevail on such a petition, and the way to start would be to contact a probate attorney in the California county where your brother has real estate, or if none, where he lived, worked, or had substantial contacts.