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 Montana, the concept of informal probate or family settlement agreements is recognized and can be a practical method for beneficiaries to distribute the property of a deceased person without formal probate proceedings. Under Montana law, if all beneficiaries of a will agree on how the estate's assets should be divided, they can enter into a family settlement agreement to distribute the assets accordingly. This agreement can be particularly useful in avoiding the time and expense associated with formal probate and in resolving potential disputes amicably. Such agreements are generally favored by the law as they promote family harmony and can be a means to settle potential controversies. However, it is important to ensure that the agreement complies with Montana's legal requirements and that all beneficiaries are in concurrence. If a family settlement agreement is in place, it may be possible to contest the probate of a will on the grounds that there was an agreement not to probate the will. Beneficiaries considering a family settlement agreement should consult with an attorney to ensure that their rights and interests are adequately protected and that the agreement is legally sound.