(concurring in the result).
I concur in the result of the majority opinion. However, the 1986 amendment to SDCL 30-5A-3 applies. The amendment’s application relates to the finalization of the order of selection by vesting in the estate of the surviving spouse the property selected when the surviving spouse dies prior to the order otherwise becoming final. Because Geneve died prior to the effective date, the amendment has no relevance whatsoever. Applying the amendment to this case is not a retroactive application. Its practical effect is procedural and has the effect of making the order of selection final upon death of the surviving spouse. The amendment was effective on the date of Floyd’s death and therefore vested the selection in his estate per the amendment.