To endorse a two-party check, first look at the front: if the names are joined by “and,” both payees must sign the back; if joined by “or” (or by a slash or other ambiguous punctuation), either payee can sign alone. Each signer writes their name on the back exactly as it appears on the front, in the endorsement area near the trailing edge, and brings government-issued photo ID to the bank. That is the whole rule in one paragraph. The rest is what to do when the check involves a lender, a minor, someone who has died, or a payee who won’t cooperate.
“And” vs. “Or” Decides Who Must Sign
Flip the check over and read the “Pay to the Order Of” line on the front. The connector between names controls everything:
- “And” between names makes the check payable jointly. Every named payee must endorse before any bank will process it. Neither can deposit or cash it alone.1Legal Information Institute. UCC 3-110 – Identification of Person to Whom Instrument Is Payable
- “Or” between names makes it payable alternatively. Any one payee can endorse and deposit it without the other.1Legal Information Institute. UCC 3-110 – Identification of Person to Whom Instrument Is Payable
- Ambiguous language, including a slash between names, is treated as payable alternatively under UCC § 3-110(d), meaning any one payee can endorse.1Legal Information Institute. UCC 3-110 – Identification of Person to Whom Instrument Is Payable
Individual banks sometimes layer their own rules on top of the UCC. Some won’t accept a single endorsement even on an “or” check unless the depositing payee holds an account there. If you’re not sure, call ahead.
Where and How to Sign the Back
All endorsements go on the back of the check, in the designated area near the trailing edge (the left side when you flip it over). Most checks mark the space with lines or a “Do Not Write Below This Line” border. Keep signatures inside that zone. Anything that bleeds below can interfere with the bank’s processing stamps and cause a rejection.
Sign Your Name Exactly as It Appears
Match the front of the check. If your name is misspelled on the “Pay to the Order Of” line, sign the misspelled version first, then sign your correct name directly below it. UCC § 3-204(d) allows endorsement in either or both versions, and a bank can require both signatures to tie the misspelling to your actual identity.2Legal Information Institute. UCC 3-204 – Negotiation
Add “For Deposit Only” if You Want Extra Protection
Writing “For Deposit Only” above your signature limits the check to deposit rather than cash over the counter. Add your account number after the phrase to narrow it to a single account. This is one of the simplest fraud-prevention steps available, particularly if you plan to mail the check or carry it around before you can get to the bank.3Consumer Financial Protection Bureau. What Does It Mean for a Check to Be Indorsed for Deposit Only
Bring Photo ID for Every Signer
Every endorsing party needs a valid, government-issued photo ID such as a driver’s license or passport. The bank compares the ID against the names on the check and the signatures on the back.4Office of the Comptroller of the Currency. What Type of Identification Do I Have to Present to the Bank If both signatures are required, both payees need to be there in person with their IDs. Tellers process two-party checks every day, but they will not waive the identification requirement.
Special Payees
Checks Payable to You and Your Mortgage Lender
Property insurance claim checks are almost always made out to both the homeowner and the mortgage lender, because the lender has a financial interest in the property. You cannot deposit these on your own. Endorse the check, then send it to your lender’s loss draft department. For smaller claims (often under $10,000 to $15,000, though thresholds vary by lender), the company may countersign and mail the check back. For larger claims, the lender typically deposits the funds into an escrow account and releases them in stages as repairs are inspected.5Office of the Comptroller of the Currency. What Do I Do With an Insurance Check Payable to Me and to the Bank Contact the lender as soon as the check arrives. The longer it sits, the closer it drifts to the six-month staleness window.
Endorsing on Behalf of a Minor
A child cannot legally endorse a check. When one payee is a minor, a parent or legal guardian endorses on their behalf using this format:
- Print the minor’s name followed by “– minor”
- Below that, print your name followed by “– parent” or “– guardian”
- Sign your name and add the account number for deposit
The check can go into the parent’s account, a custodial account, or a joint account that includes the minor. Some banks insist on a custodial account specifically, so confirm with your branch before you go.
When a Payee Can’t Come to the Bank
If one payee is traveling, hospitalized, or otherwise unavailable, a Power of Attorney can authorize someone else to endorse on their behalf. The POA must be signed, notarized, and specifically grant authority over financial transactions. Not every bank accepts every POA. Some require their own forms, so call ahead. Notary fees for the signature typically run $2 to $15, and remote online notarization can cost up to $25 to $30.
When a Payee Has Died
A check made out to someone who has died cannot simply be signed by a surviving family member. The appointed executor or administrator of the estate endorses it using this format: “[Deceased’s Name], by [Your Name], Executor of the Estate of [Deceased’s Name].” The bank will ask for a copy of the letters testamentary or letters of administration from the probate court confirming your authority.
Joint federal tax refunds have their own rule. If a surviving spouse files an original joint return with the deceased spouse, no special form is needed to claim the refund. But if a joint refund check has already been issued, the surviving spouse must complete IRS Form 1310, mark the check “VOID,” and send both to the IRS to get a replacement issued in the survivor’s name alone.6Internal Revenue Service. Form 1310 – Statement of Person Claiming Refund Due a Deceased Taxpayer
Where You Can Actually Deposit It
A face-to-face teller deposit is the most reliable path. The teller verifies each endorsement against the IDs presented, confirms the names match the account, and processes the deposit in front of you. For anything more than a few hundred dollars, the trip to the branch is worth it.
Some banks accept two-party checks at their own ATMs, but many restrict ATM deposits of jointly payable checks to accounts held jointly by all named payees. Deposits at another institution’s ATM usually trigger longer holds.
Mobile deposit is where most people run into trouble. Many banks reject two-party checks submitted by phone because there’s no way to verify identities through a camera. Banks that do allow it often flag these deposits for manual review, which adds days to the hold. Expect a hold that may run to the maximum allowed under federal law. Regulation CC governs those limits, and two-party checks tend to draw more scrutiny than single-payee checks.7eCFR. 12 CFR Part 229 – Availability of Funds and Collection of Checks
Cashing Without a Bank Account
Check-cashing stores will sometimes process two-party checks, but expect friction. Most require all named payees to appear in person with valid photo ID, and fees are significantly higher than depositing at a bank, typically ranging from about 1.5% to 10% or more of the check’s face value depending on state and check type. Government and payroll checks usually cost less to cash than personal checks. The issuing bank printed on the check is another option: banks are generally required to cash their own checks, though they may charge a non-customer fee and will still require endorsements from all “and” payees.
Signing the Check Over to Someone Else
You can endorse a two-party check to a third party whose name isn’t on it, but finding a bank that will accept it is the hard part. The mechanics: on the back, write “Pay to the Order of [Third Party’s Name],” then all required payees sign below. The third party then endorses under those signatures.
Banks are not required to accept third-party endorsements, and many won’t. Before trying this route, the third party should call their bank and confirm. Some banks require both the original payees and the new recipient to appear together at the branch. If the bank says no, the easier fix is usually to deposit the check into your own account and then transfer the funds electronically.
When One Payee Won’t Sign
There is no workaround here. If a check is made out to “John and Jane” and Jane refuses to endorse, John cannot deposit it. The bank has no discretion because both signatures are legally required on a jointly payable instrument.
Your options are limited but real. Contact the payer (insurance company, employer, or government agency) and ask them to reissue the check, either as separate checks to each payee or with “or” between the names instead of “and.” Reissues from insurers and government agencies tend to move slowly, but it may be the only path forward. For a large enough amount, a court can sometimes order release of the funds, though litigation costs often exceed what’s practical for smaller checks.
The Six-Month Staleness Rule
A bank has no obligation to honor a check presented more than six months after the date printed on it.8Legal Information Institute. UCC 4-404 – Bank Not Obliged to Pay Check More Than Six Months Old Two-party checks are especially vulnerable to this deadline because coordinating multiple endorsements takes time, and settlement or insurance checks sometimes sit while people negotiate. If you’re approaching six months, request a replacement from the issuer before the original goes stale. A bank can still honor a stale check in good faith, but that is not something to count on.
Forging the Other Signature Is a Crime
Signing another payee’s name without permission is not a shortcut. Under the UCC, an unauthorized endorsement is legally ineffective, meaning the bank or any other party that accepted the check in good faith can pursue the forger to recover the funds.9Legal Information Institute. UCC 3-403 – Unauthorized Signature Civil and criminal liability follow the forger regardless of whether the check was ultimately paid.
For Treasury checks (federal tax refunds, Social Security payments, and similar government disbursements), forging an endorsement is a federal offense carrying up to ten years in prison. If the check’s face value is $1,000 or less, the maximum drops to one year.10Office of the Law Revision Counsel. 18 USC 510 – Forging Endorsements on Treasury Checks or Bonds or Securities of the United States State forgery statutes add more exposure on top. If you can’t get the other payee to sign, ask the payer for a reissued check instead.