How to deposit a two-party check without the other person depends on one word on the “Pay to the Order of” line. If the check separates the names with “or,” you can endorse and deposit it alone. If it uses “and,” the bank normally wants both signatures, but a joint account, a power of attorney, estate paperwork, or a reissued check can still get the money in.
Read the Payee Line First
Under the Uniform Commercial Code, the conjunction between the two names controls how many endorsements the bank needs.1Cornell Law School. Uniform Commercial Code 3-110 – Identification of Person to Whom Instrument Is Payable
- “Or” or “and/or” means the check is payable to either person alternatively. One signature is enough.1Cornell Law School. Uniform Commercial Code 3-110 – Identification of Person to Whom Instrument Is Payable
- “And” makes the check payable to both people jointly. Every payee must endorse it, and the bank can refuse the deposit until they do.2HelpWithMyBank.gov. Check Writing and Cashing
- No conjunction, with the names stacked on separate lines, is treated the same as “or” under the UCC’s ambiguity rule. One signature works.1Cornell Law School. Uniform Commercial Code 3-110 – Identification of Person to Whom Instrument Is Payable
Check the exact wording before you do anything else. The rest of your options depend on which category your check falls into.
If the Check Says “Or”
You do not need the other person. Endorse the back yourself and deposit it like any other check.
For a two-party check, use a restrictive endorsement rather than just signing your name. Write “For Deposit Only,” add your account number, and sign underneath. That limits the check to a deposit into your specific account and stops anyone else from cashing it if it gets lost.3Cornell Law School. Uniform Commercial Code 3-206 – Restrictive Indorsement Bring a government-issued photo ID; banks are required to verify identity on deposit transactions.4HelpWithMyBank.gov. Bank Accounts – Required Identification
Mobile deposit generally works for “or” checks because only one endorsement is needed. If the app rejects it, go to a branch.
If the Check Says “And” and You Share a Joint Account
Many banks will accept a two-party “and” check with a single endorsement when the deposit is going into an account both payees already own. Both people already have legal access to the funds once they land in the shared account, so the bank’s risk is lower, and it can debit the account later if a dispute comes up.
This is bank policy, not a legal right. Not every institution allows it. Call the branch or check your deposit agreement first, and plan to deposit in person the first time so a teller can confirm the check will be accepted with just your signature.
If the Check Says “And” and the Other Person Cannot Sign
Power of Attorney
If the other payee is incapacitated, traveling, or otherwise unavailable, a power of attorney can let you endorse for them. The document has to grant authority over financial or banking matters; a healthcare-only POA will not do it. Sign in a way that shows your authority, such as “John Smith by Jane Smith, attorney-in-fact.”
A standard POA ends when the person who granted it loses capacity. If incapacity is the reason the other person cannot sign, you need a durable power of attorney, which stays in force after the principal becomes incapacitated. Some banks ask for extra documentation, such as a physician’s letter confirming incapacity, before honoring one. Bring the original POA and your own ID to the branch.
The Other Payee Has Died
The surviving payee generally needs to present a certified copy of the death certificate. The bank may also require letters testamentary or letters of administration, the court-issued documents that authorize someone to act for the deceased person’s estate. An endorsement made in that capacity typically reads something like “John Smith by Mary Smith, executor of the estate of John Smith.”
Joint tax refund checks work a little differently. The surviving spouse endorses the check normally, but if the bank still refuses to accept it, the surviving spouse can write “VOID” on the back and return it to the IRS with a written request for reissuance in the surviving spouse’s name alone.5Internal Revenue Service. IRS Memorandum on Joint Tax Refund Checks
Ask the Issuer to Reissue the Check
When none of the above fits, ask whoever wrote the check to cancel it and issue a new one payable only to you. The issuer places a stop payment on the original and cuts a replacement. This works well for checks from businesses, insurance companies, and government agencies, where reissuance is routine.
The trade-off is time. The issuer has to confirm the original hasn’t been cashed, process the stop payment, and print a new check. Nothing legally requires them to cooperate, but most will if the request is reasonable.
Notarized Authorization or Mailed Endorsement
If the other payee is reachable but not local, two lighter-weight options are worth asking about. They can sign the check and mail it to you, or your bank may accept a notarized authorization letter from the absent payee. Notary fees for verifying a signature typically run from $2 to $25 depending on the state. Because banks set their own rules, call the branch first to confirm what they will accept.
Insurance and Mortgage Checks Are Their Own Category
One of the most common two-party check situations is an insurance claim payment made out to both the homeowner and the mortgage lender. Your lender is listed because it has a financial interest in the property that secures your loan. You cannot deposit or cash the check without the lender’s endorsement.
For smaller claims, often under $10,000 to $15,000 depending on the lender, the mortgage company may endorse the check and release the funds to you directly. For larger claims, the lender usually requires the money to sit in an escrow account and releases it in stages as repairs get completed. Contact your mortgage servicer’s insurance claims department for the specific process. Policies vary.
Government and Treasury Checks
Checks drawn on the U.S. Treasury follow federal rules on top of the UCC. Anyone signing on another person’s behalf has to clearly show their authority, for example “John Jones by Mary Jones, guardian of John Jones.”6eCFR. 31 CFR Part 240 – Indorsement and Payment of Checks Drawn on the United States Treasury
Treasury checks carry a “Void After One Year” legend and are automatically canceled 12 months after the issue date. An expired one has to be replaced by the issuing agency, not deposited. Recurring benefit payments such as Social Security cannot be negotiated after the payee’s death and must be returned to the issuing agency. Because presenting banks guarantee the endorsements on Treasury checks to the government, expect closer scrutiny on these than on personal or business checks.6eCFR. 31 CFR Part 240 – Indorsement and Payment of Checks Drawn on the United States Treasury
If Your Bank Still Refuses the Deposit
Try the drawee bank next, the one whose name is printed on the face of the check. No federal law requires banks to cash checks for non-customers, but the drawee bank can verify the check against the issuer’s account and is sometimes willing to process it when your own bank will not.2HelpWithMyBank.gov. Check Writing and Cashing
After that, the most reliable fallback is asking the check writer to cancel and reissue the check in your name only. It costs time, not money, and it avoids every documentation problem in one step.
Do Not Sign the Other Person’s Name
Signing the other payee’s name yourself is forgery, even if that person is your spouse and even if you’re certain they would have agreed. The consequences are criminal and civil, and they apply whether or not you intended to keep the money.
Forging an endorsement on a U.S. Treasury check can bring up to 10 years in federal prison, or up to one year if the check’s face value is $1,000 or less. A separate federal statute covering forgery to obtain money from the United States also carries up to 10 years.7Office of the Law Revision Counsel. 18 USC Chapter 25 – Counterfeiting and Forgery Forged endorsements on personal or business checks are prosecuted under state law, often as felonies for higher-value checks.
On the civil side, an unauthorized signature is ineffective under the UCC and the person who signed remains personally liable.8Cornell Law School. Uniform Commercial Code 3-403 – Unauthorized Signature The payee whose name was forged can sue both the forger and the bank that took the check, and banks face conversion liability for paying over a forged endorsement.9Cornell Law School. Uniform Commercial Code 3-420 – Conversion of Instrument That exposure is exactly why tellers scrutinize two-party checks so closely, and it’s why waiting a few extra days for a reissued check or a notarized authorization is always the better move.