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 Louisiana, the concept of informal probate or family settlement is recognized and can be used to distribute the property of a deceased person without formal probate proceedings. This is in line with the state's civil law tradition, which allows heirs and legatees to enter into transactions and agreements regarding the succession property. Such family settlement agreements are generally favored because they can prevent litigation and promote amicable resolutions among family members. If all interested parties agree, they can decide on the distribution of the estate's assets outside of court. However, it is important to ensure that these agreements comply with Louisiana law and that all parties have legal capacity and are fully informed. If a family settlement agreement includes a provision where the parties agree not to probate a will, and all parties consent, this agreement can be valid and enforceable. Nonetheless, it is advisable to consult with an attorney to ensure that the family settlement agreement is properly executed and to address any potential legal issues that may arise.