The question is do the surviving children get his half of the property?

It really depends. The rules of intestate succession (that is, a person dying without a will) depend on if the property is characterized as "community property" or "separate property."  The fact that it was purchased during marriage leans toward it being CP but what money was used? For example, if money from an inheritance or money from before marriage, were used, then the property could be SP.  Also, many times properties have a mixed characterization; that is, partially SP (maybe the down payment money) and partially CP (the mortgage payments being made from the husband and wife's paychecks).  If it is deemed to be SP then it would be 1/3 to spouse and 2/3 to kids. If CP then it's all to spouse.  The numbers change to 1/2 and 1/2, rather than 1/3 and 2/3, when there is only one child. I hope this helps. -John