Yes. Unemployment compensation must be declared as income. The amount received from national employment agencies is usually included in your pre-filled return, but if not, be sure to enter the total amount received during the tax year.
If your initial claim is rejected, partially or fully, you will receive a written response stating the grounds for the rejection. You then have several options:
Request a review from a higher tax authority within DIL.
Appeal to the Administrative Tax Court (Tribunal Administratif), which is an independent judicial body.
Engage a legal or fiscal advisor to assist you in formulating a stronger claim.
It is important to act within the specified appeal period, which is typically 2 months following notification of the decision. During the appeal process, tax collection may or may not be suspended, depending on the case. You may request a stay of payment until a decision is rendered.
If you disagree with a decision made by the Lualaba Tax Directorate (DIL) after filing a formal tax complaint, and you believe your arguments were not fairly considered, you may refer your case to a tax conciliator — an impartial official who can help mediate the dispute.
To do so, you must submit a written request explaining:
The nature of the dispute (e.g., income tax adjustment, property tax error, refusal of exemption),
The steps you have already taken (e.g., claim submitted to DIL),
The response you received, and
The specific outcome or resolution you are requesting.
Include copies of all relevant documents: tax notices, previous correspondence, evidence supporting your position.
The conciliator will examine your file, consult the tax authority if needed, and may propose a solution within a reasonable timeframe. While their opinion is not legally binding, it is highly respected and can result in a reassessment or amicable settlement.
You can reach out to the conciliator through:
The DIL office that handled your original complaint,
The provincial ombudsman or mediation desk (if applicable), or
A dedicated administrative appeal address (check with your DIL center).
To file a tax appeal:
Submit a formal written claim to DIL within the legal deadline (usually 90 days after receiving your tax notice or decision).
If your claim is rejected or no response is received, you may escalate by:
Requesting an internal review or reconsideration,
Filing an administrative appeal to the Conciliator,
Filing a judicial appeal before the Administrative Tribunal.
In all cases, keep detailed records of your correspondence, and seek legal or fiscal advice when needed.
Yes. After receiving a decision denying your claim, you generally have two months to file an appeal with the appropriate body — whether that is the Tax Conciliator or a tax court.
If you receive no response to your original complaint within 90 days, you may treat the silence as a rejection and proceed with an appeal.
Make sure your appeal clearly outlines the facts, legal basis, and the solution you are requesting. Missing the deadline may forfeit your rights to contest.
Absolutely. If your case is complex or involves large sums, hiring a lawyer, tax advisor, or accountant can be highly beneficial. They can help:
Analyze the merits of your case,
Draft stronger arguments supported by fiscal law,
Represent you in meetings with DIL or before a judge.
You are also entitled to request a translator if needed for better understanding of procedures or documents.—
Yes, under certain conditions, you may request a suspension of payment (known as a “stay of execution”) while your appeal is under review. This avoids financial strain while awaiting a final ruling. However:
Your request must be formally submitted with your appeal,
You may need to provide a guarantee (such as a bond or bank deposit),
The suspension only applies to the disputed amount, not unrelated taxes.
The DIL reserves the right to refuse suspension if they consider the request unjustified or the risk of non-payment too high.
If your appeal is accepted:
The tax authority will cancel or adjust the incorrect tax assessment,
You may receive a refund of overpaid taxes,
Penalties and interest might also be waived or reduced.
You will be informed of the decision in writing and may not need to take further action unless additional documents are requested.
If the appeal is denied, you may still pursue further remedies in court depending on the nature of the dispute and legal grounds available.
If your tax claim has been rejected by the Lualaba Tax Directorate (DIL) and you wish to pursue legal action, your next step is to file a petition with the Administrative Court. This court handles disputes related to public administration, including tax matters.
To proceed:
You must submit a written and signed request addressed to the clerk of the Administrative Court located in the competent jurisdiction (typically Kolwezi).
Your application must detail the facts, legal arguments, and evidence supporting your case.
Attach a copy of the DIL’s rejection decision, your original claim, and all supporting documents (receipts, notices, tax records).
If applicable, indicate whether you are requesting a suspension of collection while awaiting judgment.
It is advisable to consult a lawyer or legal advisor to ensure your submission is complete and valid. Legal aid may be available in some cases.
If the tax issue involves a private dispute (such as civil liability, contract breach, or fraud) rather than public administrative matters, the competent court may be the Judicial Court (also known as the civil or commercial court).
In this case:
File a civil lawsuit through the court registry with jurisdiction over your residence or the tax authority involved.
Your claim must specify the nature of the dispute, supporting facts, and the relief you are seeking (e.g., reversal of a seizure, compensation, or annulment of tax enforcement).
You may be required to appear at a preliminary hearing, submit written briefs, and follow civil procedure rules.
The Judicial Court is not the primary venue for tax disputes, so make sure the matter does not fall under the jurisdiction of the Administrative Court before proceeding.
The deadline to file a case depends on the nature of your dispute and the response from the DIL:
If you received an explicit rejection (a formal response), you generally have two months from the date of notification to bring your case to the appropriate court.
If you received no response within the legal period (typically 90 days), the silence may constitute an implicit rejection, and the same two-month limit applies from the end of that period.
The time limit is counted in calendar days, including weekends and holidays, unless the final day falls on a non-working day—in which case it is extended to the next business day.
Failing to act within the allowed timeframe may result in the court declining to hear your case for being out of time.
The term “condemnation to bear court costs” (also known as “costs award” or “being condemned to pay costs”) refers to a court ruling that requires the losing party to pay some or all legal costs incurred by the winning party.
These may include:
Filing and registry fees,
Expertise and assessment costs,
Service and notification fees,
Attorney fees, if provided for under local rules.
In tax matters, if the court considers your action to be abusive, unfounded, or frivolous, you may be ordered to cover the costs borne by the DIL or another party involved. Conversely, if you win, you may request that the DIL pay your legal fees.
Always keep all receipts and expense records for possible reimbursement or presentation to the court.
If the Judicial Court issues a decision that you disagree with, you have the right to appeal to a higher court, usually the Court of Appeal in your region.
To appeal:
File a notice of appeal within the statutory timeframe (usually 30 days from the date of judgment).
You must present the grounds for appeal, highlighting errors in law or procedure made by the initial court.
You may be required to submit new arguments or evidence and to attend a hearing.
Keep in mind:
An appeal does not automatically suspend enforcement of the lower court’s decision unless explicitly requested and granted.
The appellate court may confirm, reverse, or modify the judgment.
It is highly recommended to be represented by a licensed lawyer during the appeal process, given the complexity of procedural requirements.
If you believe that a fine or penalty imposed on you is incorrect, excessive, or unjustified, the first step is to formally contest it through an administrative dispute procedure. This involves filing a written objection (known as a “réclamation”) with the tax office that issued the notice. In your objection, you must clearly state the reasons you are disputing the fine or penalty and provide any supporting evidence—such as receipts, declarations, or relevant correspondence—that may help your case.
The objection must be submitted within the legal deadline, which in most cases is 30 days from the date the fine or penalty was notified to you. Failing to act within this period may result in your right to dispute the fine being forfeited.
To file your objection, you must submit a formal written request addressed to the Head of the relevant Tax Office (Chef de Centre des Impôts) in your area—such as the Division des Impôts du Lualaba if you reside in this province.
You may submit your objection:
In person, by delivering it directly to the front desk of the relevant office, where a copy will be stamped to acknowledge receipt;
By post, preferably with a delivery confirmation;
Or, if permitted by the administration, electronically through the official email or portal of the tax authority.
Make sure your objection includes:
Your full name and tax identification number (NIF)
Reference number of the fine or penalty
Date of notification
Grounds for dispute
Supporting documents
Your signature and contact information
Once your objection is submitted and registered, the tax administration is required to review your file and issue a response, either by confirming, reducing, or canceling the fine or penalty.
In Lualaba, the tax authority must respond within a maximum of 6 months from the date your objection was received. If no decision is made within this period, your objection is considered implicitly rejected, which means you may then escalate the matter to the Administrative Tribunal (Tribunal Administratif) for judicial review.
In some cases, the tax office may invite you for a hearing to clarify the facts or request additional documentation. Cooperating during this process improves your chances of a favorable outcome.
Yes, it is recommended that you continue to comply with all your other tax obligations while your dispute is under review. Filing returns and paying any non-disputed taxes helps demonstrate your good faith and can be favorable in the resolution of your objection.
However, you are not required to pay the disputed fine or penalty until a final decision is issued. If the fine is eventually upheld, interest may still accrue from the original due date—unless the administration decides otherwise.
Yes, in fact, an amicable settlement (règlement à l’amiable) is often encouraged in the DRC’s tax administration system. If your objection is well-founded and reasonable, the tax office may offer a compromise solution—for example, by reducing the penalty amount or granting a grace period for payment.
If you believe your case is strong, you may request a conciliation meeting with a senior tax official or mediation through the Direction Provinciale des Impôts du Lualaba. Engaging in constructive dialogue and showing willingness to comply can lead to a resolution without court proceedings.
If your objection is explicitly or implicitly rejected, you have the right to file an appeal before the Administrative Tribunal (Tribunal Administratif) within the legal time frame (generally 60 days after receiving the rejection or after the 6-month review period has passed without a response).
Before initiating this judicial step, it is advisable to consult a tax advisor or legal professional who is familiar with tax law in the Democratic Republic of Congo, particularly if the amount involved is significant or the case is complex.
No, filing a good-faith dispute will not expose you to additional penalties. The right to challenge an administrative decision is protected by law, and the tax authority cannot retaliate or impose further sanctions solely because you exercised this right.
However, if your objection is deemed abusive or made in bad faith (e.g., submitting false information or using delaying tactics), the administration may impose penalties for obstructing tax procedures.
Yes. In several cases, fines or penalties may be canceled:
If they were issued in error, such as due to incorrect tax assessment or a clerical mistake;
If you can demonstrate that you fulfilled your obligations on time, and the penalty was issued despite your compliance;
Or if you can prove force majeure, such as illness, disaster, or technical failure that prevented you from meeting deadlines.
You must provide adequate documentation to support your claim. If accepted, the fine may be completely waived.
Yes. If you’re unsure how to proceed, you can seek help from:
Taxpayer assistance units within your local tax office;
Legal aid clinics, often operated by NGOs or university law faculties;
Licensed tax advisors or lawyers familiar with Congolese tax law;
Or a community tax liaison officer, if your area has one.
Some services may be free or offered at a reduced cost depending on your income level.
Yes, if you are experiencing financial hardship and are unable to pay your taxes by the due date, you can formally request a payment extension or a payment plan from your local tax office (e.g., the Division des Impôts du Lualaba).
This request must be made in writing, explaining the reasons for your difficulty, your current financial situation, and your proposed repayment schedule (e.g., full payment in 30 days, or in several monthly installments). Supporting documents—such as proof of income loss, medical expenses, or separation—will strengthen your case.
The tax administration will evaluate your request based on the seriousness of your situation, your past compliance, and your willingness to cooperate. If approved, you will be granted additional time to pay without immediate enforcement actions.
Yes, if you are already enrolled in a monthly installment plan for property tax, housing tax, or any other tax obligation, and are facing temporary financial difficulties, you may request a temporary suspension or rescheduling of your next payment.
Contact your tax office immediately before the due date. Provide written justification and, if possible, propose an updated payment schedule. In many cases, tax agents are willing to negotiate flexible solutions to avoid accumulation of penalties and maintain a record of voluntary compliance.
If your request for a payment extension or installment plan has been denied, you still have several options:
Appeal the decision, if you believe your request was unjustly rejected or not properly considered;
Resubmit your request with additional documents or a more realistic payment proposal;
Seek mediation through higher levels of the tax administration;
Or, as a last resort, consider filing a request for partial or full tax remission if your situation has worsened.
It is important to act quickly to avoid enforcement actions such as asset seizure or wage garnishment.
In most cases, interest for late payment may still apply during the extended payment period, even if your request for a delay is approved. However, penalties for failure to pay on time (such as surcharges) can sometimes be waived or reduced depending on your situation and the goodwill shown in your request.
Always ask whether penalty relief or interest reduction is available in your case when negotiating a payment plan.
Yes, even after receiving a reminder or enforcement warning, you can still contact the tax administration to request a payment arrangement. Doing so quickly—before legal recovery procedures are initiated—shows good faith and may prevent more serious consequences.
Your request must include a realistic proposal (e.g., monthly installments) and documentation proving that you are unable to pay the full amount at once but are willing to comply gradually.
Yes. In cases of divorce, separation, or relationship breakdown, you may be eligible to request a division of tax responsibility, especially for jointly filed tax obligations.
You should immediately inform your local tax office of your situation and request to be assessed separately. If the debt is significant, you may also apply for an individual payment plan based on your personal financial situation—not that of your former partner.
Attach a copy of the court judgment or separation agreement to support your request.
If you are facing absolute financial distress—due to serious illness, job loss, or other uncontrollable events—you can apply for a remission or cancellation of part or all of your tax debt on compassionate grounds. This is known as a gracious remission (remise gracieuse).
Your written request must describe your situation in detail and include proof (e.g., medical certificates, bank statements, unemployment status). The tax office will assess whether recovery would cause you or your family significant harm and may reduce or cancel the amount owed.
Note: remission is a discretionary measure. It’s not automatic and depends on the evidence provided and the goodwill demonstrated.
To avoid being overwhelmed by large tax bills, you can request to switch to a monthly installment system for eligible taxes, such as personal income tax or property tax. This spreads your annual obligation over 12 smaller payments, making it easier to manage within your household budget.
To enroll, contact your local tax office and request a monthly payment agreement. It’s best to apply early in the fiscal year so that the plan covers your full obligation.
Staying on track with installments can help you avoid penalties and improve your taxpayer record.
A request for tax remission must be submitted in writing to the local tax authority that issued the bill. Clearly explain your financial hardship, the amount you are requesting to be waived, and the reasons why you are unable to pay.
Attach all necessary supporting documents: medical records, income loss, family expenses, court judgments, etc. Your request will be reviewed based on your good faith, the severity of your situation, and your past behavior as a taxpayer.
If approved, your tax burden may be partially or entirely lifted. In some cases, only penalties and interest may be waived, while the principal tax remains due.
A third-party garnishment order (known in French as a “saisie administrative à tiers détenteur”) is a legal action initiated by the tax authority to collect unpaid taxes or fines. When you do not pay your tax debt after multiple reminders, the tax administration may instruct a third party who holds or owes you money—such as your bank, employer, or a client—to seize all or part of the amount you owe and send it directly to the government.
This action is usually taken without prior court approval but follows strict legal procedures. You will receive a formal notice informing you of the amount due and the third party involved. From that point, the third party becomes legally obligated to comply, and funds may be frozen or redirected.
To stop the garnishment, you must act quickly and constructively. You have several options, depending on your situation:
Pay the debt in full, including any penalties and interest, which will automatically cancel the garnishment;
Negotiate a payment plan with the tax office, explaining your financial hardship and proposing an installment schedule. If accepted, the tax authority may suspend or cancel the garnishment;
Submit a formal objection, if you believe the garnishment is illegal, unjustified, or based on incorrect information. Your objection must be supported by documentation and filed promptly.
In all cases, contact your local tax office or the Division des Impôts du Lualaba immediately upon receiving the notice.
When your bank receives a garnishment order from the tax authority, it is required to freeze the amount specified in the order, up to the total available balance in your account. However, in practice, not all of your funds can be seized without limitation.
According to general legal principles and in line with international standards:
A minimum balance necessary for basic living expenses should remain untouched, especially if your income is low;
Certain types of income (e.g., social benefits, disability allowances) may be protected from seizure, provided you can prove their origin.
To protect your essential funds, immediately notify the tax office and submit documentation proving the source and purpose of the funds. You may also ask your bank to temporarily lift the freeze on exempt amounts.
If your employer receives a garnishment order for unpaid taxes, a portion of your monthly salary will be withheld and transferred to the tax office. However, you are entitled to keep a minimum portion of your income, known as the “seizable portion” rule, designed to ensure your basic needs are covered.
The exact amount exempt from seizure depends on your:
Monthly income level
Number of dependents
Other legal obligations (e.g., alimony, loans)
Generally, only a percentage of your net salary may be seized. If the garnishment leaves you with insufficient income, you can request a reduction or suspension of the amount withheld by presenting a written request and supporting documents to the tax office.
In principle, certain social benefits and allowances are protected from seizure, especially if they are intended to cover basic living needs, such as:
Child support or family assistance
Disability benefits
Pensions under a minimum threshold
However, in practice, if these funds are deposited into your regular bank account and mixed with other income, it may be difficult for the bank to identify them as exempt. That’s why it is essential to:
Keep proof of the origin of your social benefits (e.g., payment slips, government letters);
Inform your bank and tax office immediately, and provide documentation to prevent or reverse the seizure of exempt funds.
Yes, even after a garnishment notice has been issued, you can still request a payment plan or a suspension of enforcement due to financial hardship. Contact the tax office that issued the garnishment and submit a written request with:
A clear explanation of your situation
A proposed payment schedule
Supporting documents such as income statements, medical bills, or family expenses
If your request is considered reasonable and made in good faith, the administration may suspend or reduce the garnishment while you repay your debt in installments. This approach shows cooperation and may help you avoid further penalties.
If you believe the garnishment is illegal, excessive, or based on incorrect information, you have the right to file a formal objection with the tax authority. Your objection should include:
Your full identification (name, NIF, contact details)
The reference of the garnishment notice
The specific reasons for your objection (e.g., the amount is wrong, the debt is not yours, exempt funds were seized)
All relevant supporting documents
Submit your objection in writing to the tax office that issued the order. If the tax administration rejects your objection, you may appeal the decision before the Administrative Tribunal. During this process, it is strongly recommended to seek legal or financial advice.
Yes, as a taxpayer, you have the legal right to access your personal tax information held by the tax administration. This includes documents such as:
Your tax declarations and assessments,
Notices of payment or penalties,
Correspondence between you and the tax authority,
Records of audits or inspections.
To exercise this right, you must submit a formal request to your local tax office (e.g., the Division des Impôts du Lualaba), either in person or in writing. You may be asked to show proof of identity and, in some cases, fill out a standard request form.
You can typically view the documents on-site at the tax office or request copies, although fees may apply for document reproduction. It’s recommended to make an appointment in advance and specify exactly what records you’re looking for to speed up the process.
Generally, no—you cannot access another individual’s tax records without their explicit written consent. Property tax (taxe foncière) and housing tax (taxe d’habitation) records are considered confidential because they are tied to personal income, property ownership, and residency status.
However, under specific circumstances—such as inheritance cases, ongoing litigation, or when acting as a legal representative (e.g., notary, lawyer)—you may be granted limited access to a third party’s tax information, provided you submit appropriate supporting documentation and receive authorization from the tax authority.
Outside of these legal exceptions, all requests concerning someone else’s tax obligations will be denied to protect privacy and confidentiality.
No. A tax assessment notice (also known as a tax bill or notice of assessment) is a private and confidential document that may only be accessed by the individual concerned or their authorized legal representative.
If you need access to someone else’s assessment—for example, in the context of a property transaction, divorce, succession, or debt verification—you must obtain:
The written consent of the person concerned, or
A court order or administrative decision granting you access, or
Official authorization if acting in a professional legal capacity.
Requests submitted without proper justification or authority will be rejected in order to protect taxpayer privacy and comply with data protection regulations.
In some cases, yes. The ownership of real property is a matter of public record in the Democratic Republic of Congo and is usually registered through the Conservation des Titres Immobiliers (Land Registry Office), not directly through the tax office.
To obtain the name of the registered owner, you must submit a request to the local land registry service (often managed under the Ministry of Lands or Urban Planning). Some basic ownership information may be accessible to the public, particularly if you can demonstrate a legitimate interest—such as planning to purchase the property, verify claims, or protect your rights as a neighboring landholder.
The tax office itself may hold records related to property taxation, but it does not always handle ownership certification and cannot release such information without proper authority.
No, not unless you have a legal right or judicial mandate to do so. Property titles are legal documents that confirm ownership, boundaries, and other rights associated with real estate. They are highly confidential and are only accessible to:
The owner,
Their notary, lawyer, or authorized representative,
Individuals or institutions acting under court orders,
Buyers with consent during formal property transactions.
To request a copy, you must go through the Land Registry Office or public notary services, not the tax office. If you can prove a legal interest (such as creditor status, court judgment enforcement, or inheritance rights), you may be allowed to access or obtain a certified copy through official channels.
Yes, in certain circumstances. The mortgage status (hypothèque) or any legal encumbrance on real estate is often recorded in the Land Registry or Public Notary archives, and these records may be available for consultation if you have a legitimate reason.
For example, if you are:
A potential buyer seeking to verify that the property is not under mortgage,
A legal heir evaluating estate debts,
A creditor checking asset guarantees, you may be entitled to access this information.
However, these inquiries are not handled by the tax office. You will need to request this information from the Conservation des Titres Immobiliers or the Tribunal de Paix (Peace Court) where the property is registered. Be prepared to present a written request, identity documents, and—when required—proof of legal interest or power of attorney.
An unclaimed estate refers to the property and assets left behind by a deceased person who dies without legal heirs (children, spouse, parents, etc.) or without a valid will, and where no one has stepped forward to claim the inheritance. This can include:
Real estate (land, houses),
Bank accounts,
Personal belongings,
Business shares or movable property.
When an estate remains unclaimed for a certain period and no heir or representative initiates probate proceedings, it may be declared vacant (succession vacante). In such cases, the State—represented by the Public Trustee or the Tax Administration—may intervene to manage, protect, or eventually recover the property in the interest of the public treasury.
The following individuals or authorities may initiate steps concerning an unclaimed estate:
Close relatives or potential heirs who believe they are entitled to the inheritance but have not yet been recognized;
A neighbor, local authority, or notary who observes that a property has been left abandoned after the owner’s death;
Creditors of the deceased who are seeking to recover debts;
The tax administration or land registry authorities, if the property has tax arrears or is at risk of illegal occupation.
In any case, you must contact the Tribunal de Paix (Peace Court) or the local administration (commune or mairie) where the estate is located to formally report the case and trigger legal proceedings.
To take action concerning a potentially vacant or unclaimed estate, you must follow these steps:
File a formal report with the local authorities (commune, mayor’s office, or Peace Court) describing the situation and identifying the property or deceased individual.
Provide supporting documents, if available—such as the death certificate, national ID number of the deceased, location of the property, or evidence of abandonment.
Publish a public notice (via local media or municipal bulletin) inviting possible heirs to come forward within a legally defined period.
If no heirs are found, the estate may be declared vacant by the court, and temporarily entrusted to a public curator, notary, or tax official for administration.
These procedures ensure that the property is protected, maintained, and eventually assigned to the rightful party or to the State.
No, unless you are a legal heir, legatee under a valid will, or a creditor with provable rights. Simply occupying or maintaining a deceased person’s property does not give you ownership rights under Congolese law.
However, if you have a legitimate interest (e.g., you were a close caretaker, had a cohabitation agreement, or hold a debt), you may:
File a petition with the court to assert your interest,
Be appointed as a temporary administrator to manage the estate during investigation,
Or be allowed to recover what is owed to you from the estate’s value.
Any fraudulent occupation or attempt to seize unclaimed property without legal authorization is punishable by law.
There is no universally fixed time period, but courts typically wait several months (often 6 to 12 months) after death before declaring an estate vacant—especially if no heirs come forward despite public notices or official searches.
In urgent cases (e.g., properties at risk of destruction, seizure, or fraud), the tax authority or a judge may initiate earlier measures to secure the estate. Once declared vacant, it enters into judicial administration, and steps are taken to either:
Locate heirs through public notices and legal research,
Or liquidate and assign the estate to the State’s domain if no heirs are found.
In the Democratic Republic of Congo, particularly in Lualaba Province, the tax administration plays a key role in:
Identifying unclaimed estates, especially those with unpaid land taxes or utility charges;
Temporarily administering properties that are vacant or at risk of illegal use;
Ensuring that any potential transfer of assets is done legally and transparently;
Initiating recovery of tax debts owed by the deceased before any distribution of assets.
In some cases, the Direction Provinciale des Impôts may act as a reporting party or refer the matter to a judge when appropriate.
Yes, if you later prove your status as a legitimate heir, you may petition the court to recover the estate or its proceeds, even after it has been administered by the State or sold.
To do so, you must:
Present legal proof of your relationship to the deceased (birth certificates, family books, notarized affidavits),
Show that you were unaware of the death or administrative procedure,
File your claim within the time limits prescribed by law (which may vary by province).
If successful, you may receive full or partial restitution of the estate, depending on the situation and whether assets have already been liquidated.
You should not occupy, lease, or make structural changes to property from an unclaimed estate without legal authorization. Doing so may expose you to charges of illegal occupation or misuse of public property.
However, if you are acting in good faith—for example, as a neighbor protecting the site, or you’ve been unofficially maintaining it to prevent theft or vandalism—you may:
Inform local authorities of your actions,
Request to be appointed as a temporary guardian or caretaker,
Or receive official permission to maintain the property pending legal resolution.
You will have no ownership rights unless recognized by a court or through legal succession.
No, absolutely not. If you have just discovered that the estate of a deceased relative has been declared vacant and placed under the administration of the State, you still have the legal right to come forward and claim your inheritance, provided you can prove your relationship and your status as a rightful heir.
To do so, you must:
Contact the authority managing the estate (typically the Domain Administration, local tax office, or Peace Court),
Provide supporting documents such as birth certificates, marriage certificates, or legal proof of kinship,
File a formal request to be recognized as an heir.
There is usually a statutory period within which heirs may claim the estate after it has been declared vacant. Once this period expires, the State may begin liquidation or assignment of the assets to the public treasury. Therefore, it is essential to act promptly once you become aware of the situation.
Yes, the law allows for a curator (curateur à succession vacante) or public administrator to be appointed within the first six months following the death, especially in cases where:
The estate is at risk of deterioration, theft, or illegal occupation,
There is no known or available heir to protect or manage the property,
There are unpaid debts or tax obligations associated with the estate.
Early appointment of a curator is particularly common in urban areas like Kolwezi or Likasi, where unoccupied properties can quickly become targets for encroachment or vandalism. The appointment is usually made by the Peace Court, following a report from the local tax office, the commune, or a third party.
There is no fixed duration for handling a vacant estate. The process depends on several factors, including:
The complexity of the estate (number of assets, legal disputes, pending debts),
The availability of records and documentation,
The possibility of identifying and contacting potential heirs,
The cooperation of other public services, such as the land registry and the courts.
In practice, management of a vacant estate by the Domain Administration may take anywhere from several months to several years. During this period, the estate is either preserved, administered, or gradually liquidated, depending on legal authorizations and local procedures.
If you have an interest in a specific vacant estate (as a relative, creditor, neighbor, or legal professional), you can follow up on the case by:
Contacting the office or court responsible for administering the estate, usually the Peace Court or Division Provinciale des Impôts,
Providing details such as the full name of the deceased, address of the property, and date of death,
Submitting a written request for information.
While estate files are generally not public, if you can demonstrate a legitimate interest, you may be allowed to access limited information or receive updates on:
The appointment of a curator,
The publication of notices to heirs,
The current stage of inventory, valuation, or liquidation.
No, the management of a vacant estate by the public administration is not entirely free. While the initial procedure of declaring an estate vacant may not involve direct fees for the heirs, the following costs may be incurred:
Administrative expenses related to inventory, security, and property maintenance,
Fees for legal publication of notices or court decisions,
Notary or curator fees if appointed to manage the estate.
These costs are typically deducted from the estate itself before any assets are distributed or returned to heirs. If you eventually claim the estate and are recognized as an heir, you may receive the remaining assets after deduction of these expenses.
The terms are often used interchangeably, but there is a legal distinction:
A vacant estate (succession vacante) refers to a situation where no heir has come forward yet, or the rightful heirs are unknown or unavailable. The State acts as a temporary administrator, preserving the estate while searching for potential heirs.
An escheated estate (succession en déshérence) occurs when no legal heir exists at all, or all heirs have renounced their rights. In this case, the State permanently absorbs the estate into its public domain. The property becomes State-owned, and the inheritance process is closed.
In the DRC, these two phases may be part of the same process: an estate can start as vacant, and if no heir claims it within a certain time, it is considered escheated.
While this notion is more associated with European contexts like France—where escheated estates can be used to support cultural heritage projects or historical conservation—the principle can apply in the DRC as well, particularly when:
Historic buildings are preserved rather than sold,
Land is repurposed for public infrastructure or education,
Cultural artifacts found in unclaimed estates are placed in museums or archives.
In the DRC, especially in provinces like Lualaba, local authorities may consider using unclaimed estate resources to support community development or protect environmental or historical sites—but this depends on policies adopted at the provincial or national level.
No, not automatically. While the renunciation of inheritance by all legal heirs is a strong indicator that the estate is at risk of abandonment, it does not trigger automatic management by the State. A judicial decision is required to formally declare the estate as vacant and to appoint a curator (public administrator or notary) responsible for managing it.
Once all heirs have officially renounced the estate in writing—usually through a court or a notary—the matter must be referred to the Peace Court or the relevant civil jurisdiction, which will:
Formally declare the estate vacant,
Designate an authorized public body or individual to act as curator,
Begin the inventory, protection, and eventual liquidation of the estate.
In Lualaba Province, the curator is often appointed from within the local tax authority, the Domain Service, or a recognized legal officer.
Once you have legally renounced a succession, you are no longer liable for the debts of the deceased. If creditors continue to approach you:
Make sure your renunciation has been properly registered with the court or the notary;
Provide creditors with a copy of your official renunciation;
Refer them to the curator or judge in charge of the estate, if one has been appointed.
In the DRC, heirs who renounce their inheritance cannot be held responsible for personal debts of the deceased unless they previously took possession of part of the estate or failed to follow proper legal procedure. If the harassment continues, you may seek protection through the Peace Court or request legal assistance.
Yes, provided that the estate or part of the estate is located in the Democratic Republic of Congo, particularly in the jurisdiction of the court or administration handling the matter. The location of the deceased’s domicile or nationality does not prevent the appointment of a curator in the DRC, especially if:
The deceased owned real estate, land, or assets in the country,
The estate has been abandoned or left unmanaged after the person’s death,
No heirs have come forward locally.
In such cases, the court may appoint a local curator—often from the Domain Administration or a designated notary—to manage, secure, and eventually transfer or liquidate the estate. The process may also involve international cooperation if assets exist in multiple countries.
There is no legal requirement to hire a genealogist or notary before filing a request with the court to appoint a curator, but doing so may strengthen your case. Before declaring a succession vacant, the court must be satisfied that:
Reasonable steps have been taken to identify or contact potential heirs,
There is no existing will, family agreement, or claim from known relatives,
The estate is at risk (abandonment, theft, decay, or dispute).
In complex cases—such as those involving extensive property, disputed ownership, or large debts—consulting a notary or legal advisor is highly recommended. They can help document the absence of heirs and prepare a legally sound petition. A genealogist may be useful when the family tree is unclear or international connections are suspected.
To confirm that a vacant estate is under official management, you can take the following steps:
Contact the Peace Court or civil court in the jurisdiction where the deceased resided or owned property. They keep records of rulings declaring estates vacant and curator appointments.
Reach out to the Domain Administration (Direction du Domaine or Division des Impôts), especially in Lualaba Province. They maintain a list of ongoing succession files and curatorships.
Request a copy of the court ruling or official notice appointing the curator.
If public notices were issued, check local gazettes or legal publications, which often contain announcements of succession proceedings.
If no such appointment exists, and the estate appears unguarded or unmanaged, you may file a report or request the court to initiate proceedings. Acting proactively helps prevent fraud, illegal occupation, or property degradation.
Yes, a single heir has the right to initiate a claim for an estate that has been declared vacant and placed under the care of the State (often the Domain Administration). However, there are some important conditions to observe:
The heir must provide legal proof of their status, such as a birth certificate, family record, or judgment of inheritance.
If there are other heirs, they must eventually be involved in the process. The initial claim by one heir may trigger the reopening of succession proceedings, but distribution of assets will only be finalized once all rightful heirs have been identified and confirmed.
The court or administration may request that the claiming heir act through a notary or provide power of attorney from the others, especially if the estate is complex or the value is significant.
In summary, yes—you may act alone to open the process, but not to exclusively receive the estate, unless you are the sole heir or legally appointed representative of all others.
Not automatically. Once you are recognized as a legitimate heir by a competent court or authority, and the estate has been liquidated (if necessary), you may receive your share of the assets. However, several administrative and legal steps must take place before any transfer occurs:
The estate must be formally declared reopened if it had been under public administration;
All debts, administrative fees, and taxes related to the estate must be settled first;
If there are multiple heirs, the assets must be distributed according to succession laws, usually under the supervision of a notary or court-appointed administrator;
Once your portion is determined, you may provide your banking details (often through a notarized document or court file), and the funds will be released to you.
In the DRC, direct transfers from the Domain Administration are only made to verified beneficiaries, and in many cases, the use of a notarial or judicial channel is required to ensure transparency and avoid disputes.
Yes, in principle. If you formally accepted the inheritance within the legal time limit, you retain your rights as an heir—even if you attempt to claim your portion after the general prescription period has passed. However, several factors affect the validity of such a late claim:
You must prove that your initial acceptance of the succession was done legally and within the proper timeframe (usually through a registered declaration or court record).
You must also explain why the claim was delayed—for example, administrative delays, pending disputes, or your absence from the country.
If the estate has already been liquidated or transferred to the State, you may still file a petition for restitution, but you will need to act quickly and provide sufficient documentation.
In some cases, the court may reopen the file, provided that your rights were not expressly extinguished and the public administration has not yet sold or permanently reassigned the estate. It’s advisable to act through a lawyer or notary to formally reassert your rights.
If the State has already liquidated or sold the property, and you can prove that you were a legitimate heir whose rights were overlooked, you may have the right to financial compensation.
In the DRC, this is often handled through:
A petition to the administrative authority (e.g., the Domain Administration or Ministry of Finance),
Or an appeal before the competent court, requesting recognition and compensation.
In most cases, the court will assess:
Whether the sale was conducted in good faith and in accordance with the law,
Whether your heirship was known, ignored, or truly undiscoverable at the time,
What portion of the estate you would have been entitled to.
If your claim is successful, the State may be ordered to compensate you proportionally, based on the net proceeds of the estate after deductions.
Yes. Just like in any standard succession, taxes and administrative fees apply when an heir claims property or funds from an estate—especially one that has passed through public administration.
These may include:
Succession duties, depending on the value and nature of the property,
Court fees or notarial charges for reopening or verifying the succession,
Management costs incurred by the curator or Domain Administration (e.g., security, valuation, maintenance),
Transfer taxes if real estate is involved.
Before any distribution is made, these charges are typically deducted from the estate, or may need to be paid upfront or deducted from your portion as an heir.
When a tenant dies and no heir or representative comes forward to manage their affairs, the property they occupied becomes part of their estate. If the estate is declared vacant, landlords are not automatically entitled to enter, clear, or lease the premises. However, you do have legal options:
Notify the local administrative authority (commune, mayor’s office) or the Peace Court, reporting the death and the abandonment of the rental.
Request that the estate be officially declared vacant, if it has not already been.
Petition the court for authorization to:
Repossess the premises;
Remove or store the deceased’s belongings under inventory;
Recover unpaid rent through the estate (if funds exist).
In some cases, a temporary administrator (such as the Domain Administration or a notary) may be appointed to handle the estate, including making arrangements with landlords. Do not take unilateral action such as changing locks or disposing of personal property—doing so could expose you to legal liability.
If a property involved in a vacant estate causes damage to neighboring homes (such as water leaks, collapsed roofs, or fire hazards), you should immediately:
Report the issue to local authorities, such as the municipal services, peace court, or Division des Impôts;
Indicate that the property belongs to a deceased individual with no known heirs;
Provide photographs or documentation if the damage is ongoing or worsening.
If the estate has already been declared vacant, it may be under the care of the Domain Administration or a court-appointed curator, who has the authority to intervene and carry out repairs. If no curator is yet assigned, your complaint may trigger the formal opening of a succession process or emergency intervention for public safety.
In some cases, your own insurance provider may also need to file a claim against the vacant estate. Acting quickly helps avoid further losses and may protect your legal rights.
Unauthorized occupation (“squatting”) of property belonging to a vacant estate is a real concern. If you suspect illegal activity or deterioration of the property, you should:
Contact local authorities immediately, such as the police, commune, or peace court;
Inform them that the property is linked to a vacant estate, and provide a copy or reference of the published notice if available;
Submit any supporting evidence (photos, eyewitness reports, videos, etc.);
Request protective measures, such as the sealing of the property or appointment of a temporary caretaker.
If the Domain Administration or another public body has been appointed to manage the estate, they are responsible for securing it. In some areas, neighbors may be called upon to act as informal guardians, but only under proper authorization.
Prompt action can prevent vandalism, loss of property value, and legal complications during the estate’s liquidation.
If you have legally renounced a succession, you are no longer authorized to manage or dispose of the deceased’s assets—including vehicles, bank accounts, furniture, or documents. However, as someone aware of the existence of such assets, you should:
Inform the local tax office, Domain Administration, or peace court that the succession is potentially vacant;
Provide a list or location of known assets (e.g., vehicle registration details, bank branch, safe deposit box, etc.);
Secure movable property temporarily (e.g., lock the car or store keys) only to prevent loss or theft, not for personal use;
Avoid withdrawing or moving funds from accounts—this may be interpreted as acceptance of the inheritance, even if unintentional.
Once the estate is declared vacant, a public administrator will be appointed to inventory, secure, and eventually liquidate the assets. You may be asked to give a statement or return keys and documents to the court.
No, not immediately. When a property is owned in joint tenancy (indivision) and one co-owner dies, their share becomes part of their estate, which must be transferred to heirs or managed by the State if declared vacant.
If the co-owner’s succession has been:
Opened and administered, you must request the intervention of the curator or notary to represent the deceased’s interest in the sale;
Declared vacant and under State management, you can petition the court for authorization to sell the property, with the Domain Administration representing the co-owner’s share;
Still pending, you must wait for legal clarification before proceeding.
In all cases, you cannot sell the entire property unilaterally. You may request a partition of the property (if possible) or sale under judicial supervision. A notary or lawyer can guide you through the correct procedure.