Archives In Brief 53 - Curator of Intestate Estate Case papers
Online index | Background | A select list of sources | Related records | Access
Online index
The Curator of Intestate Estate's Case papers, NRS 13538 are being indexed by our Volunteers.
The index to Intestate Estate Case papers is available to search online.
Background
1787-1823
Trusteeship, where the State is called upon to administer a will, was mentioned in the Warrant for the Charter of Justice, 2 April 1787. Under this, the Court of Civil Jurisdiction was able to grant probate on wills and issue letters of administration for intestate estates. Between 1787 and 1818, when the earliest reference to intestate estates can be found, civil courts may have been responsible for a form of trusteeship to administer estates. Between 4 February 1814 and 13 October 1823 the Supreme Court of Civil Judicature possessed common law, equity and probate jurisdictions. In 1823 the New South Wales Act (4 George IV Act No 96) established an Ecclesiastical Jurisdiction of the Supreme Court to administer both testate and intestate estates.
Office of the Curator of Intestate Estates
The office of the Curator of Intestate Estates was created by An Act for the Better Preservation and Management of the Estates of Deceased persons in Certain Cases (1 Vic No 24, 1847). The Curator was responsible for a myriad of duties including the collection, management and administration of intestate estates. Administrative inefficiencies resulting from this arrangement ultimately led to the appointment of a prothonotary (formerly titled the Registrar) in 1856 to act as Curator of Intestate Estates. In 1898, under the Wills, Probate and Administration Act, the property of a deceased person was vested in the Chief Justice until probate, administration or an order to collect was granted. The Curator of Intestate Estates could assume the responsibility of administering an estate in certain circumstances.
Public Trustee
In 1913 the office of the Curator of Intestate Estates was abolished under The Public Trustee Act, 1913 and the office of the Public Trustee was established. The functions of the Curator were taken over by the Public Trustee from 1 January 1914.
A select list of sources
Curator of Intestate Estates
NRS 13539, Index to intestate estate files 1818-1914
Reels 40-41
This is a microfilm copy of the original held in the Public Trust Office.
NRS 13538, Case papers 1821-1913 [6/3481-910, 10/27478-28006]
These papers may show the amounts of money owed by the deceased and paid from the estate to individual creditors. Within the papers there are petitions from the Curator of Intestate Estate to the Supreme Court that relate to the administration of the deceased's estate as well as orders to collect and affidavits of death. In certain cases there could also be circulars from shareholders, newspaper cuttings and personal correspondence.
NRS 13540, Memoranda books 1847-63 [5/2877-79]
These volumes comprise memoranda generated by the Curator and relate to letters sent to obtain information on particular intestate estates.
NRS 13541, Registers of letters received Jun 1850-Sep 1855 [2/4166, 5/2875-76]
Reel 1421 [2/4166] only
These registers show for each letter, the name in which the estate is recorded, the date the letter was received and a short description of the letter.
Related records
Ecclesiastical Jurisdiction of the Supreme Court of NSW
NRS 13502, Case papers relating to the granting of probates and letters of administration, 1816-75 [X953-54, 6/4185-97]
This series includes papers for both testate and intestate estates both before and after the establishment of the Curator of Intestate Estates in 1847. Due to their miscellaneous nature they have been boxed chronologically and indexed by name. The index is available in both reading rooms [COD516].
Supreme Court of NSW, Probate Division
Probate Index, 1800-1985
Fiche 5016-5182, 5266-5269, 5305-5307
This index was microfilmed and published by the Probate Division of the Supreme Court. Copies are available in both reading rooms.
NRS 13660, Probate packets, 1817+
Probate packets contain the last will and testament of the deceased, and accompanying documents. For further information see Archives in Brief 84.
Stamp Duties Office, Death Duties Branch
The Death Duties Branch of the Stamp Duties Office was responsible for the assessment, collection and recovery of death duty payable on estates of persons who died on or before 30 December 1981. Death duty in New South Wales was abolished on estates of persons who died on or after 31 December 1981.
NRS 13340, Deceased estate files, 1880-1958 [20/1-7089, 10/9243-54]
See Archives in Brief 29: Deceased estates files for full details.
Access
Researchers should consult the Register of Access Directions to confirm the public availability of records. State Records' staff can advise you on the availability of records if they are not listed in the regsiter.
For further information
Other records may be identified in Archives Investigator. Researches should also consult Archives in Brief 29, which provides information about Deceased estate files, 1880-1958; and Archives in Brief 84 which provides information about Probate packets from 1817.
© State of New South Wales through the State Records Authority, 2003.
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