§ 25-1411.Death of defendant; against whom action revived.

Section 25-1411 is the counterpart to § 25-1410, addressing revivor when it is the defendant who dies rather than the plaintiff. Where the right of action, or any part of it, survives against the defendant’s personal representative, the revivor proceeds against that representative. That covers the typical case of a money claim or other obligation the estate would be responsible for.

But the statute does not stop at the personal representative. It also allows revivor against the defendant’s heirs or devisees, or against both the representative and the heirs or devisees together, whenever the right of action, or any part of it, survives against them specifically. This matters because certain claims — particularly those touching real property the defendant owned — may survive against the people who inherited or were devised that property, not just against whoever is administering the estate generally.

Section 25-1412 builds directly on this section for one specific scenario: an action for the recovery of real property, or one that concerns only the defendant’s rights or claims to that property. There, the statute simplifies things further, allowing revivor against the heirs or devisees, or both, without needing to route through the personal representative at all.