Oklahoma § 12-1147.3 - Parties to proceedings - Representation of persons not

Full text of Oklahoma Oklahoma Statutes § 12-1147.3 — Parties to proceedings - Representation of persons not, with citation guidance and answers to common questions.

§ 12-1147.3. Parties to proceedings - Representation of persons not

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

interests of such unborn persons and take all appropriate steps to

protect their interests.

Added by Laws 1953, p. 58, § 3, emerg. eff. June 1, 1953.

Source: official Oklahoma text · Last verified 2026-08-27

Frequently Asked Questions About Oklahoma § 12-1147.3

What does Oklahoma Statutes § 12-1147.3 cover?

Section 12-1147.3 ("Parties to proceedings - Representation of persons not") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Oklahoma § 12-1147.3?

A common citation format is "Oklahoma Statutes § 12-1147.3" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Oklahoma law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.

How does Oklahoma § 12-1147.3 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.