Does any one know how estate is decided if one spouse dies without a will?

A portion of my father's estate is under his name only, which was left without a will. I want to know what is percentage that my mother is suppose to get and what portion is the children suppose to get.

The estate will devolve in equal shares amongst Class-I legal heirs of the deceased.

It depends on the state, but typically the surviving state inheirits it. This is because of the spousal power of attorney clause in most states. Thus, the spouse will probably get it, unless there are leans or family disputes, then all property in question is seized by the government.

Depending on the size of the estate, the state may get part of it. The rest will be distributed equally to the wife, children, grandchildren and so on. Everybody gets an equal share.

should go to probate who decides what happens, your mum should get all, then she decides about her children and what they get, this is too difficult to answer, also inheritance tax comes into affect , should go see a solicitor good luck, sorry for your loss xxx

It will go to your mother first, then when she dies it will go to the children. Encourage her to make a will so the children don't fight over what is left.
My sympathy for your loss.

his half goes to the estate if no will go to the state.

Normally, your mother would get everything.

Im not too sure where u live , but in australia an estate is decided by State Trustees - Government Legal people who go by some rules to decide who gets what.

Apparently, if you only have cousins , your estate goes to the government :(

have a look at the web site down below to find more info

What the state wouldn't get your mother would most likely get. It would go to children after she goes.

Depends on the probate law in your state. Normally, it is governed by intestacy laws, and usually the surviving spouse gets a large share.