Parties interested in an estate as legatees, distributees, or creditors may, either jointly or severally, institute proceedings upon the bond of the executor or administrator or guardian for a devastavit against the principal and his surety without first having instituted suit against the executor or administrator or guardian to establish a devastavit. When any executor, administrator or guardian is a nonresident of, or shall absent himself from, or conceal himself within this state so that personal service of summons or citation or attachment cannot be made upon him, and such nonresident, absent or concealed executor, administrator, or guardian shall fail to file his accounts and make his settlements as required by law, or shall have unlawfully removed any of the property committed to his trust, or shall have been guilty of any misappropriation or devastavit, it shall be the duty of the court, on the motion of the clerk as elsewhere provided in this chapter, or on the motion of any party in interest, to proceed against the surety or sureties on the bond of said executor, administrator, or guardian, in respect to all of which matters the said surety or sureties shall be taken and held as principal. In proceeding as aforementioned, the default of the said executor, administrator, or guardian in failing to file and settle his accounts as required by law shall be taken as prima facie evidence that the said defaulter has misappropriated the money or property, or both, which may be disclosed by the inventory, appraisement, or by any other of the official papers in the case, or which may be shown by competent evidence outside of said record, to have come into the possession of said defaulter.
Structure Mississippi Code
Chapter 7 - Executors and Administrators
§ 91-7-1. Venue of proof of wills
§ 91-7-5. Production of will compelled
§ 91-7-7. Proof of due execution of will
§ 91-7-9. Affidavit of subscribing witness receivable
§ 91-7-10. Affidavits may be used to authenticate holographic wills or codicils
§ 91-7-11. Testimony of absent witness
§ 91-7-13. Testimony on probating will reduced to writing
§ 91-7-15. Will executed by person in armed forces - additional manner of proof
§ 91-7-17. Rejection of will not binding
§ 91-7-19. All interested may be made parties
§ 91-7-21. Caveat against probate may be filed
§ 91-7-23. Validity contested within two years
§ 91-7-25. Necessary parties to contest
§ 91-7-27. Probate of will prima facie evidence
§ 91-7-29. Trial of issue devisavit vel non
§ 91-7-33. Foreign wills recorded
§ 91-7-35. Grant of letters testamentary
§ 91-7-37. Eighteen the age of majority for executors and administrators
§ 91-7-39. Administration with will annexed
§ 91-7-41. Oath and bond of executor or administrator with will annexed
§ 91-7-43. Executor as residuary legatee
§ 91-7-45. When bond not required
§ 91-7-49. Directions of will to be followed
§ 91-7-51. Effect of receipt for money by executor or trustee
§ 91-7-53. Temporary administrator
§ 91-7-55. Estate to be appraised
§ 91-7-57. Powers of temporary administrator
§ 91-7-59. Compensation of temporary administrator
§ 91-7-61. Administrator to institute suits
§ 91-7-65. Persons disqualified to administer
§ 91-7-67. Oath and bond of administrator
§ 91-7-68. Administrator of estate of intestate under legal disability
§ 91-7-69. Administration de bonis non
§ 91-7-71. Rights of administrator de bonis non
§ 91-7-73. County administrator
§ 91-7-75. Bond and oath of county administrator
§ 91-7-77. Additional bond may be required
§ 91-7-79. Letters granted to county administrator
§ 91-7-81. Accounts to be filed when office vacated
§ 91-7-83. Sheriff administrator in certain cases
§ 91-7-85. Removal and surrender of trust
§ 91-7-87. Administration revoked by proof of will and grant of letters testamentary
§ 91-7-89. Letters of certain nonresidents revoked
§ 91-7-91. Assets defined; unsecured creditors to give notice
§ 91-7-93. Inventory of money and property owned by decedent at time of death
§ 91-7-95. Supplementary inventory or appraisement
§ 91-7-97. Adoption of collector's inventory or new inventory
§ 91-7-99. All to join in returning inventory
§ 91-7-101. Debt from executor or administrator inventoried
§ 91-7-103. Summary proceeding for discovery of assets
§ 91-7-105. Failure to return inventory
§ 91-7-107. Perfect inventory may be compelled
§ 91-7-109. Inventory and appraisement by qualified disinterested persons
§ 91-7-117. Executor or administrator to set apart exempt property
§ 91-7-135. Court or chancellor to set apart one year's support for family
§ 91-7-141. Court or chancellor may apportion year's allowance
§ 91-7-143. Minor distributee or legatee maintained
§ 91-7-147. Newspaper notices dispensed with in small estates
§ 91-7-151. Claims to be registered in ninety days or barred; amendment of affidavits
§ 91-7-153. Registration of claim stops limitation
§ 91-7-155. Executor to pay probated, registered debts
§ 91-7-157. Executor to pay taxes
§ 91-7-161. Creditors whose claims are not due must accept payment
§ 91-7-163. Claim of executor or administrator to be treated same as other claims
§ 91-7-165. Claims may be contested
§ 91-7-167. Creditor having lien failing to present claim
§ 91-7-171. Farm may be cultivated or rented
§ 91-7-173. Executor or administrator may continue business for limited time
§ 91-7-175. Sale of perishable property
§ 91-7-177. Private sale of personal property
§ 91-7-179. Sale for appraised value without order
§ 91-7-181. Certain property may be sold without being present
§ 91-7-183. Public sale of personal property
§ 91-7-185. Report of sale and proceedings
§ 91-7-187. Sale of land in preference to personalty
§ 91-7-189. Sale to pay the purchase-money of land
§ 91-7-191. Sale of land upon insufficiency of personalty
§ 91-7-193. Waste of personal estate no bar
§ 91-7-195. Creditors may apply for sale of property
§ 91-7-197. Interested parties to be cited upon petition to sell property
§ 91-7-199. Hearing and decree
§ 91-7-201. Mistake in description of land may be corrected
§ 91-7-203. Bond to pay debts may be given and decree for sale not made
§ 91-7-205. Bond required in decree for sale of lands; waiver of bond
§ 91-7-207. Failure to give bond
§ 91-7-209. Purchase-money a charge on property
§ 91-7-211. Estoppel from receipt of purchase-money
§ 91-7-213. Borrowing money to pay claims
§ 91-7-215. Procedure for borrowing
§ 91-7-217. Overplus and contribution
§ 91-7-219. Procedure in vacation
§ 91-7-221. Executor or administrator to make title to land
§ 91-7-223. Executors and administrators may make deeds of conveyance
§ 91-7-225. Lands may be leased to pay debts
§ 91-7-227. Executors and administrators to renew obligation and encumbrances of estate
§ 91-7-229. Claims may be sold or compromised
§ 91-7-231. Actions which accrue in administration
§ 91-7-233. What actions survive to executor or administrator
§ 91-7-235. What actions survive against executor or administrator
§ 91-7-237. Death of party not to abate suit in certain cases
§ 91-7-239. Executor or administrator not to be sued for ninety days
§ 91-7-241. Suit by or against administrator not to abate
§ 91-7-243. Not bound to plead specially
§ 91-7-245. Any one interested may defend suit
§ 91-7-247. Actions which accrue between administrators
§ 91-7-249. Executor in his own wrong
§ 91-7-251. Liability of executor or administrator of an executor de son tort
§ 91-7-253. Fiduciary not to use funds; investment by fiduciary bank in time certificates of deposit
§ 91-7-255. Fiduciary not to transfer negotiable papers
§ 91-7-259. Foreign executor or administrator may sue
§ 91-7-261. Procedures for insolvent estates
§ 91-7-263. Creditor may institute insolvency proceedings
§ 91-7-265. Decree of insolvency after all property sold
§ 91-7-267. Publication and claims presented in insolvent estate
§ 91-7-269. Filing, examination, and adjudication of claims in insolvent estate
§ 91-7-271. Distribution of assets in insolvent estate
§ 91-7-273. Suits not to abate on insolvency
§ 91-7-275. Suit not allowed after decree of insolvency
§ 91-7-281. Attorney's fees allowable
§ 91-7-283. Defaulters to be listed and cited
§ 91-7-285. Process for derelict fiduciary
§ 91-7-287. Publication of process for defaulter
§ 91-7-289. Hearing for derelict fiduciary
§ 91-7-293. Names of interested parties to be stated
§ 91-7-295. Summons or publication for final account
§ 91-7-297. Hearing and adjudication of final account
§ 91-7-299. Allowance to executor or administrator
§ 91-7-301. Personal estate sold for division
§ 91-7-303. Distribution compelled
§ 91-7-307. Delaying settlement
§ 91-7-309. Accounts may be opened and falsified in two years
§ 91-7-311. Bonds to be recorded; suits thereon
§ 91-7-313. Suit for devastavit
§ 91-7-315. New bond of executors and administrators may be required
§ 91-7-317. Relief of sureties and new bond
§ 91-7-319. Executors may receive credit for costs of bond in surety company
§ 91-7-321. Custodian appointed for distributive share
§ 91-7-323. Wages due deceased employee
§ 91-7-325. Suit to recover wages if not paid within sixty days
§ 91-7-327. Duty of chancery clerk when wages paid to him