The loss of a loved one is never easy.  In the best of cases the departed has taken the time to organize their estates and the assets are readily identified.  If a will has been prepared and properly executed it will expedite the probate process.  If there is no will the division of the estate will be totally in the hands of the court and it may not be in accordance with what the departed wanted.  Many times the court is required to divide the property according to law and if there are no guidelines the judge can only do as he see best.