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 Indiana, the family settlement doctrine allows beneficiaries of a will to mutually agree on the distribution of the estate's assets without formally going through the probate process. This informal probate approach is recognized by Indiana law and is often used to resolve disputes and avoid the time and expense associated with formal probate proceedings. Such family settlement agreements are generally favored because they can expedite the distribution of the estate and reduce potential conflicts among beneficiaries. If all parties involved—the heirs and beneficiaries—consent to the terms of the family settlement, including the decision not to probate a will, the agreement is typically considered valid and enforceable. Additionally, if a family settlement agreement includes a provision where the proponent of the will agrees not to probate it, this can be a basis to contest the will if the proponent later attempts to initiate probate proceedings contrary to the agreement.