# RCW 7.28.010: RCW 7.28.010: Who may maintain actions—Service on nonresident defendant

> Washington · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_T7_C28_S010

## Section

- **Citation:** RCW 7.28.010
- **Heading:** RCW 7.28.010: Who may maintain actions—Service on nonresident defendant
- **Jurisdiction:** Washington
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Washington Code / Title 7 / Chapter 28 / Section 010

## Text

Any person having a valid subsisting interest in real property, and a right to the possession thereof, may recover the same by action in the superior court of the proper county, to be brought against the tenant in possession; if there is no such tenant, then against the person claiming the title or some interest therein, and may have judgment in such action quieting or removing a cloud from plaintiff's title; an action to quiet title may be brought by the known heirs of any deceased person, or of any person presumed in law to be deceased, or by the successors in interest of such known heirs against the unknown heirs of such deceased person or against such person presumed to be deceased and his or her unknown heirs, and if it shall be made to appear in such action that the plaintiffs are heirs of the deceased person, or the person presumed in law to be deceased, or the successors in interest of such heirs, and have been in possession of the real property involved in such action for ten years preceding the time of the commencement of such action, and that during said time no person other than the plaintiff in the action or his or her grantors has claimed or asserted any right or title or interest in said property, the court may adjudge and decree the plaintiff or plaintiffs in such action to be the owners of such real property, free from all claims of any unknown heirs of such deceased person, or person presumed in law to be deceased; and an action to quiet title may be maintained by any person in the actual possession of real property against the unknown heirs of a person known to be dead, or against any person where it is not known whether such person is dead or not, and against the unknown heirs of such person, and if it shall thereafter transpire that such person was at the time of commencing such action dead the judgment or decree in such action shall be as binding and conclusive on the heirs of such person as though they had been known and named; and in all actions, under this section, to quiet or remove a cloud from the title to real property, if the defendant be absent or a nonresident of this state, or cannot, after due diligence, be found within the state, or conceals himself or herself to avoid the service of summons, service may be made upon such defendant by publication of summons as provided by law; and the court may appoint a trustee for such absent or nonresident defendant, to make or cancel any deed or conveyance of whatsoever nature, or do any other act to carry into effect the judgment or the decree of the court.

## Nearby sections

- [RCW 7.28.010 RCW 7.28.010: Who may maintain actions—Service on nonresident defendant.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T7_C28_S010.md)
- [RCW 7.28.050 RCW 7.28.050: Limitation of actions for recovery of real property—Adverse possession under title deducible of record.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T7_C28_S050.md)
- [RCW 7.28.060 RCW 7.28.060: Rights inhere to heirs, devisees and assigns.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T7_C28_S060.md)
- [RCW 7.28.070 RCW 7.28.070: Adverse possession under claim and color of title—Payment of taxes.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T7_C28_S070.md)
- [RCW 7.28.080 RCW 7.28.080: Color of title to vacant and unoccupied land.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T7_C28_S080.md)
- [RCW 7.28.083 RCW 7.28.083: Adverse possession—Reimbursement of taxes or assessments—Payment of unpaid taxes or assessments—Awarding of costs and attorneys' fees.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T7_C28_S083.md)
- [RCW 7.28.085 RCW 7.28.085: Adverse possession—Forestland—Additional requirements—Exceptions.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T7_C28_S085.md)
- [RCW 7.28.090 RCW 7.28.090: Adverse possession—Public lands—Adverse title in minors, persons under guardianship or conservatorship.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T7_C28_S090.md)
- [RCW 7.28.100 RCW 7.28.100: Construction.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T7_C28_S100.md)
- [RCW 7.28.110 RCW 7.28.110: Substitution of landlord in action against tenant.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T7_C28_S110.md)
- [RCW 7.28.120 RCW 7.28.120: Pleadings—Superior title prevails.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T7_C28_S120.md)
- [RCW 7.28.130 RCW 7.28.130: Defendant must plead nature of his or her estate or right to possession.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T7_C28_S130.md)
- [RCW 7.28.140 RCW 7.28.140: Verdict of jury.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T7_C28_S140.md)
- [RCW 7.28.150 RCW 7.28.150: Damages—Limitation—Permanent improvements.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T7_C28_S150.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_T7_C28_S010. Check the current official text before relying on it. Not legal advice.
