In some states the beneficiaries of a will may agree among themselves as to the distribution of the property left to them and agree not to probate the will. This is the family settlement doctrine—and is supported by the general principle that the property belongs to the beneficiaries under the will and since they may divide the property as they wish (by transfers made immediately after the distribution), there is no reason why they may not divide it by agreement before they receive it in the regular course of judicial administration of the estate.

For this reason—and because such agreements tend to put an end to family controversies by way of compromise—family settlement agreements are favored in law. And in some states a family settlement in which all the heirs and beneficiaries agree that a purported will shall not be probated is valid and enforceable.

Thus, a will can be contested on the grounds that the person offering the will for probate (proponent of the will) agreed in a family settlement agreement not to probate the will.

In Delaware, the concept of informal probate or family settlement agreements is recognized and can be used to distribute the property of a deceased person without formal probate proceedings. This approach is based on the principle that beneficiaries have the right to the property bequeathed to them and can agree among themselves on its distribution. Such agreements are generally favored because they can prevent family disputes and simplify the settlement of the estate. If all beneficiaries and heirs concur, they can decide not to probate a will through a family settlement agreement. However, it is important to ensure that such agreements are made in good faith and with full knowledge and consent of all parties involved. If a family settlement agreement includes a provision where the proponent of the will agrees not to probate it, and this agreement is later contested, the courts may enforce the agreement, preventing the will from being probated. It is advisable to consult with an attorney to ensure that any family settlement agreement is properly executed and legally binding.