When someone dies without a Will, they die "intestate". This means that an estate is distributed according to state intestacy law. This woud be the jurisdiction in which the deceased was domiciled as of the date of their death. When a parent dies, their estate is tyically divided 1/2-1/3 to the surviving spouse, if any, and the remainder to the children of the deceased. you can check state law on line under "intestate succession" laws for the applicable state.