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 Wyoming, the concept of informal probate or family settlement agreements is recognized and can be a practical alternative to the formal probate process. This doctrine allows beneficiaries of a will to mutually agree on the distribution of the decedent's property without going through the court system. Such agreements are generally favored because they can resolve potential disputes amicably and expedite the distribution of assets. If all heirs and beneficiaries concur, they can decide not to probate a purported will, and their agreement can be valid and enforceable. Additionally, in Wyoming, a will can be contested if there is evidence that the proponent of the will had previously entered into a family settlement agreement agreeing not to probate the will. It is important to note that while family settlement agreements can simplify the process, they should be entered into with caution and ideally with the guidance of an attorney to ensure that the rights of all parties are protected and that the agreement complies with Wyoming laws.