What to Do When Someone Dies in Democratic Republic of the Congo: 5-Step Official Checklist
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We extend our sincere condolences on the passing of your family member in the Democratic Republic of the Congo. To help you navigate the legal, administrative, and succession procedures governed by the Congolese Family Code, we have set out the five official steps below in chronological order.
5-Step Official Summary Checklist
Public Reference Roadmap- 1
Medical certification of death and issuance of the medical certificate
- Death occurring in a hospital setting: When a death occurs in a public hospital, clinic, or health centre in the Democratic Republic of the Congo, the attending physician or duty doctor immediately performs the clinical examination and issues the medical certificate of death [1]. This original medical document is required to authorise the transfer of the body to the hospital mortuary and to initiate civil registration [1] [2].
- Death occurring at home: If your relative passes away at home, a sworn physician must be called or the death must be certified by an accredited municipal health centre in order to obtain the medical certificate confirming natural death [1]. In rural areas where no physician is available, the certification may be recorded with the assistance of the local administrative authority in accordance with the Family Code [1] [5].
- Forensic or judicial intervention: In the event of a violent, suspicious, or accidental death, or a death occurring in a public place, family members must immediately notify the Congolese National Police or the public prosecutor's office at the competent court [1]. The body may not be moved or buried before a forensic examination is ordered and a formal burial authorisation is issued by the Public Prosecutor [1] [2].
- 2
Civil registration of death and obtaining official death certificates
- Competent civil registry office and legal deadlines: Under Law No. 87-010 enacting the Family Code (as amended and supplemented by Law No. 16/008), a death must be declared within a statutory period of thirty days before the civil registrar of the municipality (commune), sector, or chiefdom where the death occurred [1] [5]. Practical administrative procedures are detailed on the Portail des Services Publics de la République Démocratique du Congo [1] [2].
- Authorised declarants and supporting documents: The declaration is made by a relative of the deceased or by any person possessing the necessary civil status details [1] [5]. The declarant must submit the medical certificate of death, the deceased person's identity document (voter card or passport), the family record book or birth certificate, and their own identity document [1] [2].
- Certified copies and late registration judgment: The civil registrar immediately records the death certificate and issues full copies and official extracts [1] [2]. If the thirty-day statutory deadline has expired, the civil registrar can no longer register the death on a simple declaration: the family must petition the Peace Court (Tribunal de paix) of the place of death to obtain a late registration judgment (jugement supplétif d'acte de décès) [1] [5].
- 3
Funeral arrangements, burial permits, and repatriation
- Municipal burial permit: No burial may take place without a burial permit issued by the civil registrar or municipal authority upon presentation of the medical certificate and the civil death certificate [1] [2]. Burials must take place in officially designated municipal cemeteries in compliance with public health timelines [1].
- Mortuary preservation and domestic transport: Placing the body in a coffin and keeping the remains in a mortuary (particularly in major hospital facilities in Kinshasa, Lubumbashi, or Goma) require the medical attestation and municipal permit [1]. Transporting the remains from one province to another requires an administrative and sanitary body transport authorisation [1] [2].
- International repatriation: If the deceased was a foreign national or if the family wishes to repatriate the remains to or from abroad, the funeral director must obtain a mortuary transit pass (laissez-passer mortuaire), a sanitary certificate of non-contagion and embalming, an official certificate confirming the sealing of the hermetic coffin, and consular clearance or transcription from the relevant embassy [1] [2].
- 4
Social security, survivor pensions, banks, and insurance
- General scheme for private-sector employees: If your relative was covered under the general social security scheme for salaried workers, eligible survivors must notify the Caisse Nationale de Sécurité Sociale to claim a survivor pension or survivor grant for the surviving spouse and dependent children [3]. The application file includes the official death certificate, marriage certificate, children's birth certificates, and proof of social security registration [3].
- Scheme for public-sector civil servants: For civil servants and state employees, claims must be filed with the Caisse Nationale de Sécurité Sociale des Agents Publics de l'État to activate survivor annuities and death benefits [4]. Required documents include the official death certificate, civil status records of the beneficiaries, and, where applicable, the court order appointing the estate liquidator [4] [5].
- Bank accounts, employer, and insurance policies: Upon notification of the death certificate to Congolese banks, individual accounts held by the deceased are frozen pending succession documents and action by the appointed estate liquidator [5]. Relatives should also contact the last employer to collect final salary settlements and statutory family allowances under the Labour Code, as well as insurance companies (such as SONAS or private insurers licensed by ARCA) for life insurance or death benefit payouts [3] [5].
- 5
Opening and settling the estate under Congolese law
- Statutory categories of heirs: Book IV of the Family Code governs the opening of the succession at the deceased's last domicile in the Democratic Republic of the Congo [5]. In the absence of a will (intestate succession) or with respect to the statutory forced share, the law divides the estate between the first category of heirs (children born in wedlock or affiliated out of wedlock and their descendants, who receive three-quarters of the estate) and the second category (the surviving spouse, parents, and siblings) [5].
- Appointment of the liquidator and court jurisdiction: Estate administration and settlement are entrusted to an estate liquidator designated by law (typically the eldest heir of the first category or a person chosen by the family council) or by will, whose appointment must be confirmed by the Peace Court (Tribunal de paix) for small estates or by the High Court (Tribunal de grande instance) for larger estates [5]. The liquidator draws up the inventory of assets and liabilities, pays estate debts, and distributes the property [5].
- Land title transfers, taxation, and cross-border coordination: Transferring real estate (registered land certificates) requires a judicial investiture order and registration by the Registrar of Property Titles (Conservateur des titres immobiliers) after payment of applicable duties and taxes [2] [5]. Any heir residing abroad may be represented through a special power of attorney legalised by a consulate of the Democratic Republic of the Congo or notarised [2] [5].
If the Deceased or an Heir Lives Abroad
The 5 steps above cover domestic procedures within Democratic Republic of the Congo. When the person held foreign citizenship, died outside their country of habitual residence, or left heirs, bank accounts, or property in another country, additional cross-border requirements apply:
- Consular Death Registration & Repatriation Permits: Before mortal remains or cremated ashes can cross an international border (or before a foreign estate can be opened), the death must be reported to the relevant foreign embassy or consulate alongside the civil registry in Democratic Republic of the Congo.
- Apostille or Consular Legalization & Certified Translations: Official death certificates, wills, and powers of attorney issued in Democratic Republic of the Congo generally require a Hague Apostille (or diplomatic legalization) and certified translation to be accepted by foreign courts, registries, and banks.
- Cross-Border Succession & Conflict-of-Law Rules: When an heir lives abroad or assets span Democratic Republic of the Congo and another jurisdiction, private international law rules (such as EU Succession Regulation 650/2012 or lex rei sitae for real estate) determine which court or notary handles each asset.
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Official Authorities & Verified Contacts
Official public administration portal providing procedures for death registration, civil status certificates, and legal formalities in the DRC.
Public institution administering survivor pensions and benefits for private-sector salaried workers in the DRC.
Public social security fund responsible for survivor annuities and death benefits for state civil servants in the DRC.
Official Sources Checked by Clarvia
- [1]Death Declaration and Obtaining a Death Certificate (Déclaration de décès) — Portail des Services Publics de la République Démocratique du Congo
- [2]Civil Status Formalities and Issuance of Official Records — Portail des Services Publics de la République Démocratique du Congo
- [3]Survivor Benefits and General Social Security Scheme — Caisse Nationale de Sécurité Sociale (CNSS)
- [4]Survivor Benefits for Public-Sector Civil Servants — Caisse Nationale de Sécurité Sociale des Agents Publics de l'État (CNSSAP)
- [5]Law No. 87-010 Enacting the Family Code - Book IV: Successions and Gifts — Ministère de la Justice / Droit Congolais
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How this page was prepared
This page is based on Clarvia task data that passed the publication gate. Last reviewed: 2026-10-30. Check the linked official sources for the latest wording. Clarvia provides practical information and signposting, not professional legal, tax, medical, or notarial advice.
