If it shall appear in any suit or proceeding in a district court involving real estate that any person or persons not in being are or may become entitled to, or may upon coming into being claim to be entitled to, any future interest in such real estate, legal or equitable, and if it further appears to be expedient or for the best interests of all concerned, the court may by order determine the rights of all living persons in such real estate and the circumstances under which persons not then in being may claim an interest therein in the future and determine the nature and extent of any such interest or claim and may direct the sale of the full title to the real estate in which such future interest may be claimed, and direct that the proceeds of the sale shall be held as a trust in lieu of the real estate so sold to be administered as hereinafter provided.
§ 1147.1.Determination of Rights of Living Persons and Persons Not In Being - Direction For Sale and Holding Proceeds In Trust
Chapter 20: Actions Regarding Real Property · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1147.1 authorizes a district court, when a future interest in real estate might belong to persons not yet born, to determine the rights of everyone currently living, define any later-born claimant's possible interest, order the property sold, and hold the proceeds in trust in place of the land.
Full Text of § 1147.1
Amendment History
Laws 1953, SB 59, p. 58, § 1, emerg. eff. 6/1/1953.
Plain-English Summary
This section addresses a recurring problem in real estate and estate planning: a deed or will creates a future interest that might someday belong to someone who doesn't exist yet -- an unborn child or grandchild, for example. If it appears expedient or in everyone's best interest, the district court can step in and determine the rights of all living persons in the property, along with the circumstances under which a person not yet in being might later claim an interest, and the nature and extent of that possible claim.
Rather than leaving the land tied up indefinitely, the court can direct that the full title be sold, with the sale proceeds held in trust in place of the real estate -- administered under the sections that follow.
Frequently Asked Questions
What problem does this section solve?
It lets a court resolve real estate where someone not yet born might someday have a future interest, instead of leaving the property in limbo.
Can the court order the land sold instead of waiting for the unborn person to exist?
Yes. If it's expedient or in everyone's best interest, the court can direct the sale of the full title and hold the proceeds in trust.
What happens to the sale proceeds?
They're held as a trust in place of the real estate that was sold, administered under the procedures in the following sections.
Does the court have to find that a sale serves everyone's interest?
Yes, the statute conditions this power on it appearing expedient or in the best interests of all concerned.
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: future interest unborn heirs oklahomasale of real estate persons not in being oklahoma12 O.S. § 1147.1oklahoma court order sale future interest trust