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 Colorado, the family settlement doctrine allows beneficiaries of a will to enter into an agreement regarding the distribution of the decedent's estate among themselves, potentially avoiding the formal probate process. This doctrine is based on the principle that once the estate is distributed, the beneficiaries are free to allocate the property as they see fit. Therefore, they can also agree on a distribution before the formal probate. Such family settlement agreements are generally favored by the law as they can resolve family disputes amicably. In Colorado, if all heirs and beneficiaries concur, they can decide not to probate a will through a family settlement agreement. This agreement must be voluntary and made in good faith by all parties involved. If a family settlement agreement exists where the proponent of the will has agreed not to probate it, this can be a valid ground to contest the will's probate. However, it is important to consult with an attorney to ensure that any such agreement is legally sound and adheres to Colorado laws.