§ 1147.3.Parties to Proceedings - Representation of Persons Not In Being - Guardian Ad Litem

Chapter 20: Actions Regarding Real Property · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 1147.3 requires every interested person to be made a party before a sale under this act, lets a living class member represent unborn members with non-conflicting interests, but always requires a disinterested guardian ad litem to protect the interests of persons not yet in being.

Full Text of § 1147.3

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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 interests of such unborn persons and take all appropriate steps to protect their interests.

End

Amendment History

Laws 1953, SB 59, p. 58, § 3, emerg. eff. 6/1/1953.

Plain-English Summary

Before any sale under this act can go forward, every person with an interest in the property must be a party to the proceeding -- the full fee simple title if the possible claim reaches the whole tract, or the full undivided interest if it doesn't. A mortgagee or lienholder is the one exception: if the sale is made subject to the mortgage or lien, that party doesn't have to be joined.

Where the persons not yet in being belong to a class that already has a living member whose interests don't conflict with the unborn members, that living member can appear as a party on behalf of the whole class. But the statute doesn't rely on that alone -- the court must also appoint a disinterested guardian ad litem for the persons not in being, and that guardian has to file a written answer or other pleading that fully discloses their possible interests and take whatever steps are needed to protect them.

Frequently Asked Questions

Who has to be a party before the court can approve a sale under this act?

Everyone interested in the property to be sold -- the full fee simple title, or the full undivided interest, depending on how far the possible future claim reaches.

Does a mortgage holder have to be joined in the proceeding?

No, not if the property is sold subject to the mortgage or lien.

Can a living family member represent an unborn relative's interest?

Yes, if that living member belongs to the same class as the unborn person and their interests don't conflict, they can appear as a party on behalf of both.

Is a guardian ad litem always required for persons not in being?

Yes. The court must appoint a disinterested guardian ad litem regardless of whether a living class member also appears, and that guardian must file a pleading disclosing the possible interests and protect them.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source

Also known as: guardian ad litem unborn heirs oklahomaparties to sale of future interest oklahoma12 O.S. § 1147.3representing unborn persons in court oklahoma