(a) If no contested estate proceeding under N.C. Gen. Stat. § 30-20(c) was commenced to determine an award of an allowance under this Article, any person with standing, including the personal representative of the decedent‘s estate, may bring a proceeding to challenge the award of a spousal allowance or a child’s allowance, including, but not limited to, a proceeding to challenge the validity of an award of a year’s allowance, a proceeding to challenge the amount of a year’s allowance awarded, and a proceeding to challenge the assets awarded as part of a year’s allowance. If a contested estate proceeding was commenced under N.C. Gen. Stat. § 30-20(c), then any person with standing, including the personal representative of the decedent’s estate, who was not a party to the contested estate proceeding may bring a proceeding in accordance with this section.

(b) Any proceeding brought pursuant to this section shall be conducted as an estate proceeding in accordance with the provisions of Article 2 of Chapter 28A of the N.C. Gen. Stat. and must be brought within one year of the date the order awarding the year’s allowance was entered. (2023-120, s. 1.2.)