Watertown Concrete Products, Inc. v. Foster

KONENKAMP, Justice.

[¶ 1.] This is a creditor’s action against an estate. Probate proceedings were commenced before the effective date of the Uniform Probate Code (UPC), but this action was brought after the code's effective date. The question is which law applies. We affirm the trial court’s conclusion that the plain language of SDCL 29A-8-101 requires that this action be governed by the UPC.

A

[¶ 2.] Ramsey Marlowe Foster died on August 6, 1993. His sons, Thomas and Rodney Foster, were appointed co-executors. In August 1995, while probate proceedings were still open, Rodney placed an order for…