High-Stakes Probate Advocacy in El Paso County
In Colorado Springs, probate is more than just a procedural filing; it is the final legal accounting of a life’s work. As of 2026, the 4th Judicial District (serving El Paso and Teller Counties) has introduced significant procedural shifts at the El Paso County Judicial Building (270 S. Tejon St). Whether you are navigating an informal estate settlement or facing complex litigation over a contested will, the local court’s 2026 focus on trauma-informed probate and digital evidence mandates an elite level of advocacy.
At Burnham Law, we bridge the gap between meticulous estate administration and aggressive trial defense. We understand that in 2026, probate disputes are often the “aftershock” of complicated family dynamics. We provide the sophisticated, trial-ready counsel needed to protect your inheritance, enforce fiduciary duties, and ensure the decedent’s true intent is honored.
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 Legal Updates: The New Landscape of Colorado Probate
The 2026 legal framework in El Paso County has been reshaped by landmark legislation and court-mandated procedural changes:
1. The 2026 Magistrate Review Rule (C.R.M. 7)
Effective January 2, 2026, the process for appealing a probate magistrate’s order has been fundamentally standardized:
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The 28-Day Deadline: You now have exactly 28 days from the date of a magistrate’s order (such as the appointment of a Personal Representative or a bond ruling) to file a Petition for Review with a District Court judge.
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Jurisdictional Bar: In the 4th Judicial District, missing this 28-day window is now considered a jurisdictional bar to appeal.
2. SB 25-116: The Alimony & “Economic Abuse” Legacy
While primarily a family law act, SB 25-116 has significant implications for probate litigation in 2026:
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Fiduciary Challenges: Allegations of “economic abuse” or “coercive control” during the decedent’s life are now frequently used to challenge the fitness of a named Personal Representative.
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The 5-Year Lookback: Evidence of financial manipulation within the last 5 years of the decedent’s life is now a primary focus for El Paso County judges when determining if “undue influence” occurred.
3. HB 24-1133: Digital Asset & Record Sealing
Newly operational in 2026, this bill streamlines how sensitive records are handled:
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Digital Estate Sealing: Allows for the expedited sealing of a decedent’s sensitive digital records to protect family privacy.
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Attorney Access: Clarifies that a court can grant an attorney access to a sealed record with written permission from the person in interest to provide representation.
The Probate Process at 270 S. Tejon St
In Colorado Springs, the path through probate depends on the complexity of the estate and the level of agreement among heirs:
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Small Estate Affidavit: In 2026, for estates with personal property worth $88,000 or less (adjusted for inflation) and no real property, probate can be bypassed via a sworn affidavit.
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Informal Probate: Used for uncontested wills. A registrar oversees the appointment of the Personal Representative with limited court involvement.
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Formal Probate: Required when a will is contested or heirs are unknown. This involves formal hearings at the El Paso County Judicial Building.
| Action Item |
2026 Requirement |
Local Nuance (El Paso County) |
| Small Estate Limit |
Under $88,000 |
No real estate allowed; 10-day waiting period. |
| Notice to Creditors |
3-Week Publication |
Must be published in a local paper (e.g., The Gazette). |
| Magistrate Appeal |
28-Day Window |
Strict deadline under new C.R.M. 7 rules. |
Frequently Asked Questions: Colorado Springs Probate (2026)
1. Does every estate in El Paso County have to go through probate?
Not necessarily. In 2026, if the decedent’s personal property is valued at $88,000 or less and they owned no real estate, you may use a Small Estate Affidavit. Assets with designated beneficiaries (like life insurance or “Payable on Death” accounts) also typically bypass probate.
2. How long do I have to file a will after someone passes away?
Under C.R.S. 15-11-516, you are legally required to “lodge” the original will with the El Paso County District Court within 10 days of the individual’s death, even if you do not open a full case immediately.
3. What is the difference between Informal and Formal Probate in 2026?
Informal Probate is an administrative process for uncontested estates with a valid will. Formal Probate requires a judge’s involvement and a court hearing; it is mandatory if the will is contested or if there are complex 2026 SB 25-116 economic abuse allegations.
4. How does the 2026 “Economic Abuse” law affect my inheritance?
Under SB 25-116, evidence of economic abuse or coercive control within the last 5 years of the decedent’s life is a critical factor. It can be used as statutory grounds to challenge the validity of a will or disqualify a person from serving as a Personal Representative.
5. Can I manage a decedent’s social media or crypto accounts?
Yes, but your Letters Testamentary must include specific language granting digital access under Colorado’s RUFADAA (Revised Uniform Fiduciary Access to Digital Assets Act). Without this, providers like Coinbase or Apple may refuse access even with a death certificate.
Why Choose Burnham Law for Your Case
In Colorado Springs, probate is where family history meets financial reality. Burnham Law offers:
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Litigation-Ready Strategy: Our probate team consists of trial attorneys prepared to cross-examine experts or challenge undue influence.
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Unified Civil Strategy: We manage the “cross-talk” between probate and SB 25-116 family law disclosures.
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The 28-Day Shield: We provide rigorous monitoring of all magistrate orders to protect your right to a District Court review.
Take Action Today
The first 90 days of estate administration are critical. With the new 2026 magistrate rules and the $88,000 small estate limit, early legal intervention is key. Contact Burnham Law to schedule a strategic probate consultation:
📞 Call 719.212.2448
📍 Colorado Springs Office: 1710 Chapel Hills Dr, Suite A, Colorado Springs, CO 80920
📅 Schedule a Consultation Online
