Kuwait Court of Cassation principle number 4320

The debtor's estate becomes encumbered immediately upon his death with an accessory right in rem in favour of his creditors, entitling them to pursue it and recover their debts from it in the hands of any heir. Implication. The existence of a debt owed by the deceased does not prevent partition of the estate's assets among his heirs or their sale if partition is impossible and distribution of the sale proceeds among them. The creditor's right remains attached to the estate's assets as a whole, not to the individual assets themselves, until his debt is recovered therefrom.