Estate Law Questions? Ask an Estate Lawyer.
-Could you explain your situation a little more?Did your father have other assets that will need to be probated?
Are there any debts?
Was he married?
Do you have an siblings?
Dear JACUSTOMER - If you cannot get the nursing home to reissue the check to you I doubt it is going to be worth your while to open an estate just to get the check cashed and then split 4 ways between you and your brothers. You cannot cash a check made to your dad or his estate without getting authority from the probate court. If there were an estate open it would be very easy to deposit the check into the estate and divide the proceeds but in this case you have no place to deposit the check.
Unless this is a really large amount of money your only practical option would be to see if the nursing home would reissue it to you and your brothers.