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 West Virginia, 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 administration of the estate. Such family settlement agreements are generally favored by the law as they can resolve family disputes amicably. In West Virginia, if all heirs and beneficiaries concur, a family settlement agreement that decides against probating a will can be valid and enforceable. Additionally, a will can be contested if there is evidence 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 distribution of an estate, they must be entered into voluntarily by all parties and should be documented properly to ensure legal enforceability.