North Carolina § 30-23 - Right of appeal.
Full text of North Carolina North Carolina General Statutes § 30-23 — Right of appeal., with citation guidance and answers to common questions.
§ 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. History (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).) Editor's Note. - This section was amended by Session Laws 2011-284, s. 23, and Session Laws 2011-344, s. 7, in the coded bill drafting format provided by G.S. 120-20.1. The word "a" preceding "guardian," as added by Session Laws 2011-284, was not struck through by Session Laws 2011-344. The section has been set out in the form above at the direction of the Revisor of Statutes. Effect of Amendments. - Session Laws 2011-284, s. 23, effective June 24, 2011, substituted "a guardian" for "his guardian" and "devisee" for "legatee." Session Laws 2011-344, s. 7, effective January 1, 2012, and applicable to estates of decedents dying on or after that date, rewrote the section to the extent that a detailed comparison is impracticable. Session Laws 2012-71, s. 2(d), effective June 26, 2012, added "or next friend".
Source: official North Carolina text · Last verified 2026-08-27
Frequently Asked Questions About North Carolina § 30-23
What does North Carolina General Statutes § 30-23 cover?
Section 30-23 ("Right of appeal.") is part of the North Carolina General Statutes, the codified statutory law of North Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite North Carolina § 30-23?
A common citation format is "North Carolina General Statutes § 30-23" (North Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of North Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Carolina official source linked on this page or consult a licensed North Carolina attorney.
How does North Carolina § 30-23 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in North Carolina.