Series Details

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Series ID5171
Previous System LocationSCT/O1-202; TR1884/3; TR1895/3; TR2020/1; SRS5171
TitleOrders and Elections - [Intestacy files]
Parent Series
This series does not have a parent series.
Start Date Circa 1/1/1863
End Date 4/9/2003
Date Statement Most files were created between 1873 and 1999 but files may include documents dated to 2003.
Date Notes N/A
Abstract

Deceased estate files [Intestacy files]- Supreme Court, Southern District, Brisbane

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Items Total Items: 19170
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Departmental Numbers[1873]/1 - [19]99/6039
System of Arrangement Chronological and numerical by annual running number
How To Use Series 1991 - 612/1993; 1996 - 1999 have been name-listed.
The Indexes to Orders and Elections are contained in Series ID5174. To use, locate a name in the index and note the file number.
 

Creating Agencies

Agency IDTitleFromTo
4628Supreme Court of Queensland 1/1/1863 30/6/1874
191Supreme Court, Southern District, Brisbane 30/6/1874 4/9/2003
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Access and Restrictions

Access Category0 Years
Access ProcedureClearance procedure not required.
Agency Now Responsible
Agency ID: 4628
Supreme Court of Queensland
Restriction DetailsN/A
Regulation Details
N/A
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Subordinate Series

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Controlling Series

Series IDTitleFromTo
5174Indexes to Orders and Elections 1/1/1873 31/12/1991
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Controlled Series

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Previous Series

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Subsequent Series

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Related Series

Series IDTitleRelationship
17985Orders to Administer - Inventories 
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Finding Aids

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Publication Notes

This series has no publication notes.
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Physical / Technical Use

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Copyright Status

Copyright State of Queensland
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Remarks

Information Sources

Public Trustee Act 1978
Supreme and District Courts Brisbane - Document Description and Procedures Manual
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Description

Orders and Elections are proceedings undertaken by the Public Trustee to prove its entitlement to administer a deceased estate under the Public Curator Act 1915-1971 (ss 32 and 37) and the Public Trustee Act 1978. Where the Public Curator (later Public Trustee) is nominated as executor under the terms of a will, the Public Trustee can apply to the Supreme Court for an Order to Administer. This enables the Public Trustee to administer an estate in the same method as an executor in a probate. Application for an Order to Administer can also be made by the Public Trustee when a person dies intestate or, in other words, without a will.

Where the value of an estate is less than a set statutory value the Public Trustee may, instead of obtaining an Order to Administer, file in the Supreme Court an Election to Administer under sections 30 or 31 of the Public Trustee Act 1978. However, in both instances, the Supreme Court grants assent.

Files may contain an order to administer, a copy of the last will and testament if one was made, a death certificate and a statement of accounts as determined by the Public Curator.

The two items containing miscellaneous files, Item ID823300 and Item ID823301, do not have the same system of departmental numbers as the remainder of the series. They contain handwritten affidavits which can include details such as the next-of-kin and the value of the estate whereas the other files for this time period only contain a statement of accounts and a printed form verifying the account statement as a true copy. The miscellaneous files can be located in the standard indexes to orders and elections (Series ID5174) by looking up the alphabetical surname index and then turning to the back of that section of the index for a list of surnames in the miscellaneous files.

Item ID823308 contains miscellaneous orders and elections filed under 31 Vict. No. 10 as opposed to the Intestate Estate Act of 1867. These files are listed first for each alphabetical section in the Indexes to Orders and Elections.

Please Note: 163/85 - 179/85 and 415/94 - 432/94 are missing.
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Preferred Citation

Queensland State Archives Series ID 5171, Orders and Elections - [Intestacy files]
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Last updated 9 September 2016
Creative Commons Attribution 3.0 Australia (CC BY 3.0) ( http://creativecommons.org/licenses/by/3.0/au/ )
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