Okla. Stat. tit. 12, § 12-1147.3
This is the official text of Okla. Stat. tit. 12, § 12-1147.3, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Parties to proceedings - Representation of persons not
Official statutory text
in being - Guardian ad litem.
No sale of real estate hereunder shall be made unless all
persons interested in the real estate to be sold (which shall be the
full fee simple title in the tract sold if the possible claims of
the person or persons not in being affect the full fee simple title
thereto, or the full undivided interest in the tract sold if such
possible claims affect only such undivided interest) are made
parties to said proceedings; provided that where the real estate to
be sold is subject to a mortgage or other lien, the mortgagee or
lienholder need not be made a party to said proceedings if the sale
is made subject to such mortgage or lien. Where the person or
persons not in being who may claim an interest in the real estate
sold belong to a class of which there is a living member or members
whose interests do not conflict with those not in being, such living
member or members of said class may be made parties plaintiff or
defendant and may appear on behalf of themselves and the unborn
members of the class, but in every case the court shall appoint a
disinterested person as guardian ad litem for such person or persons
not in being, and such guardian ad litem shall be required to file a
written answer or other pleading fully disclosing the possible
Oklahoma Statutes - Title 12. Civil Procedure Page 222
interests of such unborn persons and take all appropriate steps to
protect their interests.
No sale of real estate hereunder shall be made unless all
persons interested in the real estate to be sold (which shall be the
full fee simple title in the tract sold if the possible claims of
the person or persons not in being affect the full fee simple title
thereto, or the full undivided interest in the tract sold if such
possible claims affect only such undivided interest) are made
parties to said proceedings; provided that where the real estate to
be sold is subject to a mortgage or other lien, the mortgagee or
lienholder need not be made a party to said proceedings if the sale
is made subject to such mortgage or lien. Where the person or
persons not in being who may claim an interest in the real estate
sold belong to a class of which there is a living member or members
whose interests do not conflict with those not in being, such living
member or members of said class may be made parties plaintiff or
defendant and may appear on behalf of themselves and the unborn
members of the class, but in every case the court shall appoint a
disinterested person as guardian ad litem for such person or persons
not in being, and such guardian ad litem shall be required to file a
written answer or other pleading fully disclosing the possible
Oklahoma Statutes - Title 12. Civil Procedure Page 222
interests of such unborn persons and take all appropriate steps to
protect their interests.
Status: in_force · Read it on the official government site
Need a lawyer in Oklahoma?
Find a Oklahoma lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.