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

Neb. Rev. Stat. § 25-1411 (2026)

Death of defendant; against whom action revived

✓ current as of July 2026
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Upon the death of a defendant in an action, wherein the right, or any part thereof, survives against his personal representative, the revivor shall be against him; and it may also be against the heirs or devisees of the defendant, or both, when the right of action, or any part thereof, survives against them.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1986–2024 · leading case: Fox v. Nick, 660 N.W.2d 881 (Neb. 2003).
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Fox v. Nick, 660 N.W.2d 881 (Neb. 2003). · cites it 3× “before the appointment of a personal representative”). Nebraska’s statutory procedure for revivor is provided by Neb.”
In re Conservatorship of Franke, 875 N.W.2d 408 (Neb. 2016). · cites it 2× “11 See Neb. Rev. Stat. § 25-1410 (Reissue 2008).”
Muller v. Weeder, 986 N.W.2d 38 (Neb. 2023). · cites it 2× “35 Section 25-1411 addresses revivor upon the death of a defendant in an action which survives, and it provides: Upon the death of a defendant in an action, wherein the right, or any part thereof, survives against his personal representative, the revivor shall be against him;…”
Willis v. Rose, 388 N.W.2d 101 (Neb. 1986). · cites it 2× “2d 658, 661 (1978), we set out the general rule saying: “ ‘Where the subject-matter of an action is personal property, the action may and should, after the death of plaintiff, be revived in the names of his personal representatives, and not in the names of his heirs, devisees or…”
Linch v. Northport Irrigation Dist., 717 N.W.2d 522 (Neb. Ct. App. 2006). · cites it 2× “2d [at] 412 (noting that “[s]ince the revival of actions at law is purely statutory, they may be revived only as prescribed by [a New Mexico statute]” nearly identical to Neb. Rev. Stat. § 25-1411 (Reissue 1995)).”
Biglari v. Univ. of Nebraska Lincoln (D. Neb. 2024). · cites it 2× “§ 25-322 and Neb. Rev. Stat. § 25-1411 . However, the Court will not reach that argument at this time.”
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