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 Idaho, the concept of informal probate or family settlement agreements is recognized and can be a practical alternative to the formal probate process. Beneficiaries of a will may come to a mutual agreement on the distribution of the decedent's property, thereby avoiding the need to probate the will. This is based on the understanding that the property effectively belongs to the beneficiaries once the will is executed, and they have the right to divide it as they see fit. Such agreements are generally favored because they can resolve potential family disputes amicably. If all heirs and beneficiaries concur, they can decide not to probate a purported will, and this decision can be valid and enforceable. However, it is important to note that these agreements should be made carefully and in compliance with Idaho laws to ensure that they are legally binding and that all potential issues, such as claims by creditors or disputes among beneficiaries, are properly addressed. An attorney can provide guidance on the legal requirements for such agreements in Idaho.