Both names on the check means both signatures are required to cash it
If the IRS mails a refund check with two names on it, most banks will require both people to sign the back before depositing it. The check is a negotiable instrument — a legal document that transfers money — and when two names appear together with "and" between them, the bank treats it as requiring dual authorization. One signature alone is not enough.
The reason is straightforward: the bank needs proof that both payees agree to deposit the money. A single signature could mean the other person never saw the check or never consented to the deposit. Banks protect themselves and the account holder by enforcing this rule.
This applies whether you are depositing in person at a teller window or using mobile deposit through an app. The endorsement — the signatures on the back — must match the names on the front of the check.
Key Takeaways
- A refund check with two names joined by "and" requires both people to sign the back before any bank will accept it for deposit.
- If the check shows "or" between the names instead of "and", either person can sign alone and deposit the full amount.
- One person can deposit the check if the other person signs it and writes "Pay to the order of [their name]" above their signature, though not all banks accept this method.
- If one person refuses to sign or cannot be reached, you will need to contact the IRS to request a new check issued in a single name.
- Mobile deposit and in-person deposit have the same signature requirement — the bank's system will flag a missing signature either way.
How to read what the check actually says
The front of the check shows the payee line — the names the IRS printed it to. Look at what sits between the two names. If it says "and", both signatures are required. If it says "or", either person can sign and deposit it alone.
The IRS uses "and" when the refund is for a married couple filing jointly or for co-owners of an account or property. It uses "or" less often, but it can appear on refunds for certain business structures or when the IRS is unsure which person should receive the money.
Do not assume the check says "and" just because two people are involved. Read the actual payee line before you attempt to deposit it.
The mechanics of signing and depositing
Both people must sign on the back of the check, in the endorsement area — the blank space on the reverse side. Each signature should go in the same area, one above the other or side by side. Write legibly and use the same name that appears on the front of the check.
If you are depositing in person at a bank branch, bring both people with valid ID, or bring a signed, notarized power of attorney from the other person. The teller will compare the signatures on the check to the ID and may ask questions about the relationship between the two payees.
If you are using mobile deposit through your bank's app, you will need to photograph the front and back of the check. The app will not process the deposit if it detects a missing signature on the back. Some apps flag this automatically; others let you submit but the bank rejects it later, and you have to resubmit with both signatures present.
What happens if only one person signs
The bank will reject the deposit. If you try to deposit it in person, the teller will tell you on the spot that both signatures are required and hand the check back. If you use mobile deposit, the app may accept the image, but the bank's processing system will reject it within one to three business days, and you will receive a notification that the deposit failed.
You then have to obtain the second signature and resubmit. This delay can push your deposit back by a week or more, depending on how quickly you can get both people together.
When one person cannot or will not sign
If the other payee is unavailable, unreachable, or refuses to sign, you cannot deposit the check as issued. Your options are limited.
The first option is to contact the IRS directly and request that they issue a new check in a single name. You will need to explain the situation — death, divorce, separation, or refusal — and provide documentation if required. The IRS can reissue the check, but the process takes several weeks and you may need to provide a signed statement or court order depending on the reason.
The second option, available at some banks, is to have the other person sign the back and write "Pay to the order of [your name]" above their signature. This is called a third-party endorsement, and it transfers the payee's rights to you. However, many banks no longer accept third-party checks due to fraud concerns, so call your bank first to ask whether they will take it.
Refund checks for married couples filing jointly
When a married couple files taxes jointly, the IRS typically prints the refund check with both spouses' names and "and" between them. Both signatures are required to cash it, even if only one spouse earned the income or only one person will use the money.
This is true whether you are filing as married filing jointly or married filing separately. The payee line on the check reflects how the IRS received the return, not how the money will be spent.
If you are divorced or separated and the other person will not sign, contact the IRS with a copy of your divorce decree. They may be able to reissue the check in your name alone, though the process varies by state and by the IRS office handling your case.
Refund checks for estates and deceased taxpayers
If a refund check is issued to a deceased person, the bank will not accept it without a court order or letters testamentary from the probate court. The executor or administrator of the estate must present these documents along with the check.
If the check was issued to the deceased person and a surviving spouse, both names are on the check but only the surviving spouse can sign. Contact the IRS with a death certificate to request a reissue in the surviving spouse's name alone, or work with the probate court to obtain the authority to deposit it as is.
Frequently Asked Questions
Can I deposit a check with two names if I have power of attorney for the other person?
Not without additional documentation. Power of attorney does not automatically authorize you to sign checks on someone else's behalf. You will need a notarized power of attorney document that specifically grants you the right to endorse checks, and you will need to present it to the bank along with the check and your ID. Even then, some banks will not accept it.
What if the two names on the check are spelled differently than they appear on our IDs?
The bank will likely reject the deposit or ask for an explanation. Bring both IDs and the check to a teller and explain the discrepancy — for example, a maiden name versus a married name. The bank may ask you to sign the check using the name as it appears on the check, then sign your ID name below it. This is called an "also known as" endorsement.
Can I deposit a two-name refund check into a single-name bank account?
Yes, as long as both people sign it. The account holder does not have to be one of the payees. However, the bank may ask why two people are depositing into an account that belongs to one person, so be prepared to explain the relationship.
What if the check says "and/or" between the names?
This is rare on IRS checks, but if it appears, either person can sign and deposit the check alone. The slash means the requirement is flexible. Confirm with your bank's teller or customer service before you attempt the deposit, because some banks may interpret "and/or" as requiring both signatures anyway.
How long do I have to deposit a refund check after I receive it?
The IRS does not set an expiration date on refund checks, but most banks will not accept a check more than six months old. The check itself may have a validity period printed on it. Deposit it as soon as you receive it to avoid any issues with age.