In proceedings under this code the rules of evidence in courts of general jurisdiction, including any relating to simultaneous deaths, are applicable unless specifically displaced by the code. In addition, the following rules relating to determination of death and status are applicable:
(1) a certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date and time of death and the identity of the decedent;
(2) a certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances and places disclosed by the record or report;
(3) a person who is absent for a continuous period of five years, during which he has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry is presumed to be dead. His death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 2002–2025 · leading case:
State v. Edwards, 767 N.W.2d 784 (Neb. 2009).
State v. Edwards, 767 N.W.2d 784 (Neb. 2009).
· cites it 7× “Edwards relies on § 30-2207, which provides: In proceedings under this code the rules of evidence in courts of general jurisdiction, including any relating to simultaneous deaths, are applicable unless specifically displaced by the code.”
In Re Est. of Krumwiede, 647 N.W.2d 625 (Neb. 2002).
· cites it 3× “INTRODUCTION Wilhelm Krumwiede petitioned the Burt County Court pursuant to Neb. Rev. Stat. § 30-2207 (Reissue 1995) to declare his wife, Wanda Krumwiede, legally dead and appoint him as personal representative of Wanda’s estate.”
Larsen v. Sarpy Cty. Sch. Dist. No. 77-0027, 319 Neb. 823 (Neb. 2025).
· cites it 2× “It determined that claim was either barred by sovereign immunity because it arose out of the neg- ligent supervision claim or, alternatively, that it failed to state a claim for relief under Rule 12(b)(6).”
— Neb. Rev. Stat. § 30-2207(3) — 1 case
In Re Est. of Krumwiede, 647 N.W.2d 625 (Neb. 2002).
“INTRODUCTION Wilhelm Krumwiede petitioned the Burt County Court pursuant to Neb. Rev. Stat. § 30-2207 (Reissue 1995) to declare his wife, Wanda Krumwiede, legally dead and appoint him as personal representative of Wanda’s estate.”
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