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

Neb. Rev. Stat. § 25-1403 (2026)

Death of one of several parties; cessation of powers of personal representative; right of action surviving to or against remaining parties; procedure

✓ current as of July 2026
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Where there are several plaintiffs or defendants in an action and one of them dies, or his powers as a personal representative cease, if the right of action survive to or against the remaining parties, the action may proceed, the death of the party or the cessation of his powers, being stated on the record.

Notes of Decisions
Cited in 12 cases (4 in the last 5 years), 1978–2025 · leading case: Platte Valley Nat. Bank & Trust v. Lasen, 732 N.W.2d 347 (Neb. 2007).
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Platte Valley Nat. Bank & Trust v. Lasen, 732 N.W.2d 347 (Neb. 2007). · cites it 9× “The statutory procedures for revivor are set forth in Neb.Rev.Stat. §§ 25-1403 to 25-1420 (Reissue 1995 & Cum.”
Muller v. Weeder, 986 N.W.2d 38 (Neb. 2023). · cites it 6× “Nebraska’s statutory pro- cedure for revivor is generally set out in Neb. Rev. Stat. §§ 25-1403 to 25-1420 and 25-322 (Reissue 2016).”
Schumacher v. Johanns, 722 N.W.2d 37 (Neb. 2006). · cites it 3× “§ 25-1403 (Reissue 1995) provides: Where there are several plaintiffs or defendants in an action and one of them dies, or his powers as a personal representative cease, if the right of action survive to or against the remaining parties, the action may proceed, the death of the…”
Fox v. Nick, 660 N.W.2d 881 (Neb. 2003). · cites it 2× “Nebraska’s statutory procedure for revivor is provided by Neb. Rev. Stat. §§ 25-1403 to 25-1420 (Reissue 1995) and Neb.”
Nebraska Depository Inst. Guar. Corp. v. Stastny, 497 N.W.2d 657 (Neb. 1993). · cites it 2× “Therefore, we proceed under the assumption that all the parties agree that the action properly progressed under Neb. Rev. Stat. § 25-1403 (Reissue 1989), which allows an action to proceed when one of several plaintiffs dies, if the right of action survives to the remaining…”
Anderson v. Finkle, 296 Neb. 797 (Neb. 2017). “The district court granted the order of revivor “pursuant to Neb. Rev. Stat[.] § 25-322 (and not Neb.”
Beckner v. Urban, 309 Neb. 677 (Neb. 2021). · cites it 2× “STANDARD OF REVIEW [1] The point at which a statute of limitations begins to run must be determined from the facts of each case, and the deci- sion of the district court on the issue of the statute of limita- tions normally will not be set aside by an appellate court unless…”
Johnson v. Antoniutti, 318 Neb. 465 (Neb. 2025). · cites it 2× “12 See, Neb. Rev. Stat. §§ 25-1403 to 25-1417 (Reissue 2016 & Cum.”
Spradlin v. Myers, 264 N.W.2d 658 (Neb. 1978). · cites it 2× “Defendant AID Insurance Services has appealed. We affirm the judgment of the District Court.”
In re Est. of Weeder, 318 Neb. 393 (Neb. 2025). · cites it 2× “- 399 - Nebraska Supreme Court Advance Sheets 318 Nebraska Reports IN RE ESTATE OF WEEDER Cite as 318 Neb. 393 We reject the Estate’s jurisdictional argument for at least two reasons.”
Platte Valley Nat'l Bank & Trust Co. v. Lasen, 732 N.W.2d 347 (Neb. 2007). · cites it 9× “The statutory procedures for revivor are set forth in Neb. Rev. Stat. §§ 25-1403 to 25-1420 (Reissue 1995 & Cum.”
Rice v. Web (Neb. 2014). · cites it 4× “Following the mandate, on October 1, 2012, the personal representative of Dale’s estate filed a “Verified Motion for Revivor” pursuant to Neb. Rev. Stat. § 25-1403 (Reissue 2008).”
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