In re Estate of Atkinson
Probate Court of Huron County, Ohio
175 N.E.2d 548 (1961)
Walter Atkinson's will left gifts to his daughters Maxine and Patricia (defendants) from a prior marriage but nothing to his widow Emma (plaintiff), who elected to take her spousal forced share and objected to three certificates of deposit (CDs) being excluded from the estate inventory. Each CD was registered in Walter's name and marked payable on death (P.O.D.) to either Maxine or Patricia, who argued the CDs passed automatically by operation of law like joint bank accounts or securities, without needing to satisfy will formalities.
Whether a certificate of deposit registered in the decedent's name and marked payable on death to a named beneficiary passes to that beneficiary automatically by operation of law, or must instead comply with the formalities required to execute a valid will.