Neb. Rev. Stat. » Chapter 25
Nebraska Revised Statutes

Neb. Rev. Stat. § 25-1401 (2026)

Causes of action which survive

✓ current as of July 2026
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In addition to the causes of action which survive at common law, causes of action for mesne profits, or for an injury to real or personal estate, or for any deceit or fraud, shall also survive, and the action may be brought, notwithstanding the death of the person entitled or liable to the same.

Notes of Decisions
Cited in 27 cases (3 in the last 5 years), 1959–2025 · leading case: Corona De Camargo v. Schon, 776 N.W.2d 1 (Neb. 2009).
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Corona De Camargo v. Schon, 776 N.W.2d 1 (Neb. 2009). · cites it 9× “[14] We cited to Neb.Rev.Stat. § 25-1401 (Reissue 2008) of the survival and abatement statutes to conclude that such a claim endures.”
Muller v. Weeder, 986 N.W.2d 38 (Neb. 2023). · cites it 7× “The language of Neb. Rev. Stat. §§ 25-1401 and 25-1402 (Reissue 2016) should not be understood to suggest that all pending actions other than those specifically listed in the statutes survive the death of a party, because Nebraska case law has limited the list of those actions…”
In re Est. of McConnell, 28 Neb. Ct. App. 303 (Neb. Ct. App. 2020). · cites it 4× “An action under the survival statute, Neb. Rev. Stat. § 25-1401 (Reissue 2016), is the continuance of the decedent’s own right of action which he or she possessed prior to his or her death.”
In re Est. of Panec, 291 Neb. 46 (Neb. 2015). · cites it 4× “An action under the survival statute, Neb. Rev. Stat. § 25-1401 (Reissue 2008), is the continuance of the decedent’s own right of action which he or she possessed prior to his or her death.”
Fox v. Nick, 660 N.W.2d 881 (Neb. 2003). · cites it 2× “(Emphasis supplied.) See, also, Babbitt v. Hronik, 261 Neb.”
Rhein v. Caterpillar Tractor Co., 314 N.W.2d 19 (Neb. 1982). · cites it 4× “*325 As we noted in Gengo v. Mardis, supra at 170, 170 N.”
Bullock v. J.B., 725 N.W.2d 401 (Neb. 2006). · cites it 3× “Actions which survive, and thus may be revived in the name of a party’s personal representative, are listed in Neb. Rev. Stat. § 25-1401 (Reissue 1995), which provides that [i]n addition to the causes of action which survive at common law, causes of action for mesne profits, or…”
Nelson v. Dolan, 434 N.W.2d 25 (Neb. 1989). · cites it 2× “*858 Neb. Rev. Stat. § 25-1401 (Reissue 1985) provides that, among other things, a cause of action for an injury to a personal estate survives the death of the person entitled to the same.”
Lovorn v. Brethouwer (In Re Est. of Tiedeman), 25 Neb. Ct. App. 722 (Neb. Ct. App. 2018). · cites it 2× “On January 19, 2018, a stipulation and joint motion for revivor was filed by the parties pursuant to Neb. Rev. Stat. § 25-1401 et seq. (Reissue 2016), indicating that David L.”
In Re Est. of Stephenson, 503 N.W.2d 540 (Neb. 1993). · cites it 2× “See Neb. Rev. Stat. § 25-1401 et seq. (Reissue 1989) (revivor of action).”
Fitzgerald v. Clarke, 621 N.W.2d 844 (Neb. Ct. App. 2001). · cites it 3× “” Neb. Rev. Stat. § 25-1401 (Reissue 1995) provides: In addition to the causes of action which survive at common law, causes of action for mesne profits, or for an injury to real or personal estate, or for any deceit or fraud, shall also survive, and the action may be brought,…”
Kimco Addition, Inc. v. Lower Platte South Nat. Resources Dist., 440 N.W.2d 456 (Neb. 1989). · cites it 2× “Since under Neb. Rev. Stat. § 25-1401 (Reissue 1985) a cause of action for injury to real estate survives the death of the person entitled to sue, we conclude that actions seeking compensation for the taking of property by the government are assignable.”
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