Nebraska § 38-1426 Final disposition;
instructions; remains of deceased person; disposition; liability

Nebraska Statutes

§ 38-1426 — Final disposition; instructions; remains of deceased person; disposition; liability

Nebraska § 38-1426

Ch. 38Health Occupations and Professions

This text of Nebraska § 38-1426 (Final disposition; instructions; remains of deceased person; disposition; liability) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 38-1426 (2026).

Text

(1)A decedent, prior to his or her death, may direct the preparation for the final disposition of his or her remains by written instructions as provided in sections 30-2223 and 38-1425 . If such instructions are in a will or other written instrument, the decedent may direct that the whole or any part of such remains be given to a teaching institution, university, college, or legally licensed hospital, to the director, or to or for the use of any nonprofit blood bank, artery bank, eye bank, or other therapeutic service operated by any agency approved by the director under rules and regulations established by the director. The person or persons otherwise entitled to control the disposition of the remains under this section shall faithfully carry out the directions of the decedent.

(2)If

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(1) A decedent, prior to his or her death, may direct the
preparation for the final disposition of his or her remains by written instructions as provided in sections 30-2223 and 38-1425 .
If such instructions are in a will or other written instrument, the decedent
may direct that the whole or any part of such remains be given to a teaching
institution, university, college, or legally licensed hospital, to the director,
or to or for the use of any nonprofit blood bank, artery bank, eye bank, or
other therapeutic service operated by any agency approved by the director
under rules and regulations established by the director. The person or persons
otherwise entitled to control the disposition of the remains under this section
shall faithfully carry out the directions of the decedent.
(2) If such instructions are contained in a will or other
written instrument, they shall be immediately carried out, regardless of the
validity of the will in other respects or of the fact that the will may not
be offered for or admitted to probate until a later date.
(3) This section shall be administered and construed to the
end that such expressed instructions of any person shall be faithfully and
promptly performed.
(4) A funeral director and embalmer, physician, or cemetery
authority shall not be liable to any person or persons for carrying out such
instructions of the decedent, and any teaching institution, university, college,
or legally licensed hospital or the director shall not be liable to any person
or persons for accepting the remains of any deceased person under a will or
other written instrument as set forth in this section.

Legislative History

Source: Laws 1959, c. 325, § 2, p. 1187; Laws 1993, LB 187, § 30; Laws 1996, LB 1044, § 559; Laws 2003, LB 95, § 37; R.S.1943, (2003), § 71-1340; Laws 2007, LB296, § 467; Laws 2007, LB463, § 562; Laws 2014, LB998, § 10.