30-23. Right of appeal.
The personal representative, or the surviving spouse, or child by a the child's guardian or next friend, or any creditor, devisee, or heir of the deceased, may appeal from the finding of the magistrate or clerk of court to the superior court of the county, by filing a copy of the assignment and a notice of appeal within 10 days after the assignment, and the appeal shall be heard as provided in G.S. 1-301.2, provided that the hearing on the appeal shall be at the next available session of superior court. (1868-9, c. 93, s. 16; Code, s. 2124; 1897, c. 442; Rev., s. 3100; C.S., s. 4117; 1961, c. 749, s. 9; 1989, c. 11, s. 4; 1997-310, s. 3; 2011-284, s. 23; 2011-344, s. 7; 2012-71, s. 2(d).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 30 - Surviving Spouses
§ 30-15 - When spouse entitled to allowance.
§ 30-16 - Duty of personal representative, magistrate, or clerk to assign allowance.
§ 30-17 - When children entitled to an allowance.
§ 30-18 - From what property allowance assigned.
§ 30-19 - Value of property ascertained.
§ 30-20 - Procedure for assignment.
§ 30-21 - Report of clerk or magistrate.
§ 30-25 - Personal representative entitled to credit.
§ 30-27 - Surviving spouse or child may apply to superior court.
§ 30-28 - Nature of proceeding; parties.
§ 30-29 - What petition must show.
§ 30-31 - Amount of allowance.