legal situation of estate of a debtor deceased in settlement period

making a balance between rights of creditors and heirs asto the estate of a debtor deceased is among mostfundamental juristic problems which has been taken intoconsideration by shi’a jurists from a long time ago.discussions such as rights of debtors as to the estate,statusof definite disposal of the estate by heirs before settlement,and the like can be surveyed in this connection. theproblem of the time when the estate is transferred to theheir, however, is among most fundamental problems insuch a way that all other problems are considered itsbranches and results;that is why the said problem has beena matter of detailed discussions.different opinions arepresented by shi’a jurists and contemporary lawyers inthis connection, andthe article 868 of the iranian civilcode has also dealt with this problem.detailed presentation of opinions mentioned injurisprudence and law concerning that problem along withtheir criticism and survey can assist us in becoming moreknowledgeable of theoretical essentials of the civil code.presenting relative opinions in detail and criticizing them,the present essay indicates that the estate of the deceasedtransfers altogether to his heirs as soon as he dies – thoughright of creditors are considered in it before clearance –and deals with juristic and legal effects and results of thistheory.