The first person to hold this position was Konstantin Päts, five time former State Elder.
According to the Constitution of the Republic of Estonia Amendment Act (1933), which was approved by the people upon the October 1933 Estonian constitutional referendum[a] and entered into force (on the 100th day after the referendum) on 24 January 1934, the Elder of State was the representative of the people who executed the highest administrative power in the State.
22 Art 56), Konstantin Päts extended validity of martial law to the whole territory of state for 6 months, which was later prolonged.
In accordance with the Period of Transition Act, which was proclaimed on 17 August 1937 by Konstantin Päts as Prime Minister in duties of the Elder of State, and entered into force on 3 September 1937 after publication in the Riigi Teataja (3 September 1937 nr 71 art 598) the Prime Minister continued to fulfil his duties in the official status of the Protector of State in duties of the Elder of State until the new Riigikogu had been convened.
He was also his own successor as first president from 24 April 1938 until 23 July 1940, formally until shortly after Soviet troops had occupied Estonia in June 1940.