Agreement between surviving spouse and children dividing all property. This agreement dated _________, is between _________, _________, and _________, all of _________. _________, late of _________ county, state of _________, died intestate on _________[date], and at that time was the owner of real and personal property situated in the county and state. _________ left as sole and only heirs _________, _________, _________ and _________. The heirs desire to settle the estate out of court and avoid administration. The heirs make a family settlement of the estate as follows: 1. _________, _________ and _________ transfer and convey to _________, all their right, title and interest in and to all the personal property belonging to the estate of every kind and description, including money and choses in action, except _________, which is to be divided as follows, _________, by the mutual consent of all the parties. 2. In consideration of the transfer of the personal property, _________ agrees to convey to _________, _________ and _________, by quitclaim deed, all right, title and interest in and to the following described real estate: _________[describe property]. 3. [Insert any other provisions for distribution of the property which have been agreed upon.] 4. _________, agrees to pay all claims of physicians and undertakers and also all other claims, if any, against the estate of the deceased, without any right to recover against the other heirs. This agreement is for the purpose of evidencing the full family settlement of the estate of _________ as between the parties and parties agree to abide by this agreement and waive all rights as heirs or otherwise in the estate of deceased under the statutes, or otherwise relating to distribution and descent in case of the estates of persons dying intestate.