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

Neb. Rev. Stat. § 25-1405 (2026)

Death of party; cessation of powers of personal representative; right of action surviving to or against successor; revivor

✓ current as of July 2026
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Where one of the parties to an action dies, or his powers as a personal representative cease, before the judgment, if the right of action survives in favor of or against his representatives or successor, the action may be revived, and proceed in their names.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1978–2025 · leading case: Anderson v. Finkle, 296 Neb. 797 (Neb. 2017).
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Anderson v. Finkle, 296 Neb. 797 (Neb. 2017). · cites it 2× “” And Neb. Rev. Stat. § 25-1406 (Reissue 2016) states: The revivor shall be, by a conditional order of the court if made in term, or by a judge thereof if made in vacation, that the action be revived in the names of the representa- tives or successor of the party who died, or…”
Spradlin v. Myers, 264 N.W.2d 658 (Neb. 1978). · cites it 4× “" Section 25-1405, R.R.S.1943, states: "Where one of the parties to an action dies * * * if the right of action survive in favor of or against his representatives or successor, the action may be revived, and proceed in their names.”
Fitzgerald v. Clarke, 621 N.W.2d 844 (Neb. Ct. App. 2001). · cites it 2× “Under these authorities, Boerger’s death at least caused the case to become dormant, but the case retained the possibility of revival pursuant to Neb. Rev. Stat. §§ 25-1405 to 25-1417 (Reissue 1995).”
Ass'n of Commonwealth v. Hake, 507 N.W.2d 665 (Neb. Ct. App. 1993). · cites it 2× “See, Neb. Rev. Stat. § 25-1405 (Reissue 1989); Vogt v.”
Johnson v. Antoniutti, 318 Neb. 465 (Neb. 2025). “, § 25-1405 (authorizing revivor “[w]here one of the parties to an action dies .”
Linch v. Northport Irrigation Dist., 717 N.W.2d 522 (Neb. Ct. App. 2006). · cites it 2× “Neb. Rev. Stat. § 25-1405 (Reissue 1995) provides, “Where one of the parties to an action dies, or his powers as a personal representative cease, before the judgment, if the right of action survives in favor of or against his representatives or successor, the action may be…”
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