Treharne

On this appeal we are called upon to determine the validity of an administrator’s settlement of claims by and against an estate without first obtaining court approval as required by section 718.5 of the Probate Code. 1 We will affirm the judgment on the grounds that the administrator’s failure to obtain such approval does not empower the estate to repudiate the administrator’s settlement with a third party.

Facts and Proceedings Below

In 1975 respondent Loftin and Lauradean Collins acquired title to real property (property) as joint tenants. On August 16, 1977, the parties listed the property for sale. The following day the parties agreed that, instead of selling the property on the open market, respondent would purchase Lauradean Collins’ interest in the property. Respondent executed a deposit receipt and agreement of sale and delivered a deposit of $1,000 to the listing broker, and escrow was opened at Enterprise Escrow Co. (Enterprise). Respondent’s deposit was delivered to Enterprise, and the parties also executed and placed in escrow a grant deed conveying the property from Lauradean Collins to respondent. Prior to the close of escrow, on September 9, 1977,…