I have a small check made out to me and my mother estate can I cash the check with out going through probate

You can try to deposit the check into an account with your name on it, but if that doesn't work you may have to open the estate and deposit it into an estate account. You ideally also need to consult with a probate attorney to see what else you need to do: just because you are able to cash the check does not mean that it is yours to keep or that you don't have to deal with her estate.