Legal Question in Real Estate Law in California

The Probate Code may have the answer. See sections 12400 through 12408 regarding missing persons. In particular, Probate Code section 12401 reads as follows:

"In proceedings under this part, a person who has not been seen or heard from for a continuous period of five years by those who are most likely to have seen or heard from that person, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. The person's death is presumed to have occurred at the end of the periodunless there is sufficient evidence to to establish that death occurred earlier."

I suggest you have a consultation with an attorney who does probate matters and see whether you can rely upon this law or whether a further mini-proceeding before a court would be needed to acquire the house safely. Also, most larger escrow companies have their own legal staffs, and they may be able to advise you.

The bottom line is that it may not only be impossible, it may be legally unnecessary to get his signature.

I disagree. The probate code section cited by Mr. Whipple has to do with people who are missing. It does not have to do with someone that you have not seen. There is a big difference between someone that I have not seen in 20 years, such as an ex-girlfriend or a college roommate, and someone that no one has seen, like Amelia Earhart.