Decisive Advocacy for the 20th Judicial District
In Boulder, probate is a matter of exacting procedural compliance and protecting the legacy of your family. As of 2026, the 20th Judicial District (serving Boulder County) has transitioned to a fully integrated digital filing and review system at the Boulder County Justice Center (1777 6th St). Whether you are navigating an informal estate administration or a high-conflict formal contest, the 2026 landscape is defined by the January 2, 2026, overhaul of magistrate review protocols and updated small estate thresholds.
At Burnham Law, we specialize in the technical side of estate law—where probate meets family dynamics and asset protection. We recognize that in 2026, the administration of an estate can intersect with new laws regarding “economic abuse” (SB 25-116) and digital asset inheritance. We provide the elite, trial-ready advocacy required to resolve disputes efficiently and preserve the integrity of the decedent’s intent.
Associate Attorney - Probate, Estate Planning, & Civil Litigation
Colorado Springs
Bryon has more than a decade of experience in probate, trust administration, and estate planning. His probate experience includes contesting fraudulent wills and litigating terms of estate plan documents. In preparing estate plans, Bryon emphasizes helping clients pass on as much of their estates to their loved ones as possible through careful and regular review by clients. Bryon also has experience in representing landlords in evictions, contracts, commercial sales transactions, public bidding, and special taxing districts. When not serving clients, Bryon enjoys camping, off-roading, and traveling with his family.
Associate Attorney - Probate
Fort Collins
Faith is a seasoned attorney. She has practiced law for over thirty years in the areas of trusts and estates, tort liability, litigation, and immigration. During law school, Faith interned for the Tennessee Attorney General’s Office Civil Litigation and State Services Division, as well as for a prominent law firm representing automobile manufacturers in products liability cases. After graduating, Faith served as Deputy Law Director for Knox County, Tennessee, representing the local government in education law matters, in contract disputes, and in tort cases. Faith has previously served as a guardian ad litem in Tennessee and Wyoming; and, upon moving to Colorado, she focused her practice on immigration law, family law, and elder law, prior to joining Burnham Law. In addition to her work as a planner and advocate, Faith enjoys coaching for the Greeley Youth Hockey Association, rooting for the Colorado Eagles, and hiking the trails near her Loveland home.
2026 Probate Pillars: Navigating the New Rules
Three critical factors currently dictate the success and speed of probate actions in Boulder:
1. The $88,000 Small Estate Threshold (2026)
Colorado’s inflation-adjusted limit for the “Collection of Personal Property by Affidavit” has reached a new high for 2026:
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The Threshold: If the decedent’s probate assets (excluding real estate and liens) are valued at less than $88,000, heirs may collect assets via a Small Estate Affidavit without opening a formal court case.
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10-Day Rule: The affidavit cannot be used until at least 10 days have passed since the date of death.
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Real Estate Exclusion: If the decedent owned real property in Boulder County solely in their name, the Small Estate Affidavit is not an option—a probate case must be opened.
2. The 28-Day Magistrate Review Gate (C.R.M. 7)
Probate cases in Boulder are frequently handled by magistrates. Effective January 2, 2026, the process for challenging a magistrate’s order has changed:
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Strict Procedural Gate: You have exactly 28 days from the date of a magistrate’s order to file a Petition for Review with a District Court judge.
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No Direct Appeals: You can no longer skip the District Court and appeal directly to the Colorado Court of Appeals. Missing this 28-day window effectively makes the magistrate’s order final and non-appealable.
3. SB 25-116: The “Economic Abuse” & Fiduciary Connection
The 2026 “Spousal Maintenance Guidelines” (SB 25-116) have secondary implications for probate and guardianship/conservatorship proceedings:
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Lookback Authority: Courts now have broader discretion to review a 5-year history of “economic abuse”—including the exploitation of Powers of Attorney or the sabotage of financial resources.
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Fiduciary Disqualification: Evidence of economic abuse or “coercive control” can be a powerful tool in 2026 to disqualify an individual from serving as a Personal Representative, Guardian, or Conservator if it is shown they used financial control to harm the decedent or a protected person.
The 2026 Probate Roadmap: Boulder County Justice Center
| Action Item |
2026 Standard/Deadline |
Boulder County Detail |
| Small Estate Limit |
$88,000 |
Personal property only; no court filing required. |
| Creditor Claim Period |
4 Months |
Must publish notice in a local Boulder newspaper. |
| Magistrate Review |
28 Days |
Mandatory District Court review under C.R.M. 7. |
| Informal Probate |
Registrar Review |
Typically used for valid wills with no expected contests. |
Frequently Asked Questions: Probate Law (2026)
1. Can I use a Small Estate Affidavit if my parent owned a house?
No. In Colorado, if the decedent owned any real property (land/buildings) in their name alone, you must open a probate case through the court, even if the house is the only asset.
2. What is the difference between “Formal” and “Informal” probate?
Informal probate is a streamlined process overseen by the Court Registrar; it is used when there is a clear will and no disputes. Formal probate involves a judge or magistrate and is required for contested wills, unclear heirship, or cases involving “economic abuse” allegations under the 2026 standards.
3. Does a Personal Representative get paid in Colorado?
Yes. Under the Colorado Probate Code, a Personal Representative (PR) is entitled to “reasonable compensation” for their services. In 2026, the 20th Judicial District increasingly reviews these fees to ensure they align with the complexity of the estate and the time spent.
4. How do I protect my rights if I think a sibling is hiding assets?
In 2026, you can leverage the SB 25-116 framework to allege “economic abuse” if a fiduciary is manipulating financial information or restricting your access to estate records. You may petition for a formal accounting or the appointment of a Special Administrator.
Why Choose Burnham Law for Your Case
In Boulder, probate is won through a combination of technical procedural mastery and empathetic advocacy. Burnham Law offers:
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The 28-Day Procedural Shield: We monitor all magistrate orders to ensure your right to a District Court review under the new C.R.M. 7 rules is never waived.
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Complex Fiduciary Litigation: We utilize the 2026 “economic abuse” statutes to challenge unfit Personal Representatives and protect beneficiaries from financial exploitation.
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Unified Asset Protection: We align your estate administration with your broader financial goals, ensuring that probate does not trigger unintended liabilities in other areas of law.
Take Action Today
Probate deadlines in 2026 move fast, especially the 28-day window for magistrate review and the 4-month creditor period. Whether you need to open an estate or contest a suspicious will, immediate legal intervention is the only way to protect the inheritance. Contact Burnham Law to schedule a strategic probate consultation:
📞 Call 303.625.9193
📍 Boulder Office: 3223 Arapahoe Ave, Suite 300, Boulder, CO 80303
📅 Schedule a Consultation Online
