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 New York, the concept of informal probate or family settlement agreements is recognized to some extent. Beneficiaries of a will may enter into a family settlement agreement to distribute the decedent's 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, such agreements must be entered into voluntarily by all beneficiaries and be fair and equitable. If all heirs and beneficiaries consent, they can agree not to probate a will. Additionally, a will can be contested in New York on various grounds, including an allegation that the proponent of the will had previously agreed in a family settlement not to probate the will. It is important to note that while family settlements can simplify the process, they must still comply with New York laws and may require court approval to ensure the rights of all interested parties are protected.