California Codes, Civil Code - CIV, Division 2 — Property, Part 4 — Acquisition of Property, Title 4 — Transfer, Chapter 4 — Recording Transfers, Article 3 — Proof and Acknowledgment of Instruments, Section 1198
The execution of an instrument may be established by proof of the handwriting of the party and of a subscribing witness, if there is one, in the following cases:
1. When the parties and all the subscribing witnesses are dead; or,
2. When the parties and all the subscribing witnesses are non-residents of the State; or,
3. When the place of their residence is unknown to the party desiring the proof, and cannot be ascertained by the exercise of due diligence; or,
4. When the subscribing witness conceals himself, or cannot be found by the officer by the exercise of due diligence in attempting to serve the subpoena or attachment; or,
5. In case of the continued failure or refusal of the witness to testify, for the space of one hour, after his appearance.
Notes
Allows execution of an instrument to be established by handwriting proof when parties and subscribing witnesses are dead, nonresidents, unlocatable despite diligence, concealed or unfound despite process efforts, or when a witness continues refusing or failing to testify for one hour after appearing. The proof must cover both the party’s and any subscribing witness’s handwriting.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 1198 | https://laws.lexinter.net/codes/california/civil-code/division-2/part-4/title-4/chapter-4/article-3/section-1198