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 Florida, the concept of informal probate or family settlement agreements is recognized to some extent. Beneficiaries of a will can enter into a family settlement agreement to distribute the property among themselves without formal probate proceedings. These agreements are generally favored because they can resolve family disputes amicably and expedite the distribution of the estate. However, it is important to note that such agreements must be made in good faith and with the consent of all beneficiaries to be valid. If a family settlement agreement exists where the parties agree not to probate a will, and someone later attempts to probate that will, the agreement can be used to contest the probate. The agreement may be upheld if it is found to be valid and if all interested parties have agreed to its terms. It is advisable for beneficiaries to consult with an attorney to ensure that the family settlement agreement is properly executed and legally binding.