Elite Advocacy in the Denver Probate Court
In Denver, probate and estate administration in 2026 are governed by a newly shifted federal tax threshold and aggressive state-level consumer protections. As of January 1, 2026, the federal estate tax exemption has risen to $15 million per person ($30 million for married couples), shifting the focus of most Denver estates from tax avoidance to income tax efficiency and basis planning. Simultaneously, the Protections Against Deceptive Pricing Practices Act (HB 25-1090) now mandates total transparency for professional fiduciary and legal fees, while SB 25-116 introduces “economic abuse” as a critical factor in litigation involving surviving spouses and contested inheritances.
At Burnham Law, we specialize in the “clinical deconstruction” of complex estates. We recognize that in 2026, the primary risks in probate are no longer just procedural, but involve the intersection of new AI-driven document audits and strict transparency mandates. From the Denver Probate Court at the City and County Building to high-value trust litigation, we provide the elite, strategy-driven advocacy required to preserve your legacy and protect your beneficiaries.
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: The New Rules of Succession
Three critical developments currently dictate the outcome of probate matters in Denver:
1. The $15 Million Exemption & Basis Planning
With the 2026 federal exemption jump, the strategic focus for Colorado families has moved:
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Income Tax Over Estate Tax: For estates under $15 million, the primary goal is now maximizing the “step-up in basis” to eliminate capital gains taxes for heirs.
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Trust Modifications: We are currently auditing older “tax-optimized” trusts that may now be counterproductive under the 2026 limits, restoring flexibility through decanting or judicial modification.
2. HB 25-1090: Professional Fee Transparency
Effective January 1, 2026, lawyers and professional fiduciaries in Denver must comply with “Total Price” mandates:
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The All-In Disclosure: Any advertised flat-fee probate service must include all mandatory administrative costs.
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18% Interest Penalty: If a fiduciary imposes a “hidden” service fee and fails to refund it within 14 days of a demand, they are liable for actual damages plus 18% annual compound interest.
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Hourly Rate Exception: While total costs may be indeterminate, fiduciaries must clearly and conspicuously disclose the variable factors (complexity, court delays, or litigation) that will determine the final bill at the time of engagement.
3. SB 25-116: “Economic Abuse” in Estate Litigation
The 2026 definitions of “economic abuse” and “coercive control” have crossed over from family law into probate litigation:
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Contesting the Elective Share: If a surviving spouse was subjected to documented economic abuse (restricting access to money or financial information) during the marriage, this can now be a pivotal factor in challenging “omitted spouse” provisions or seeking an equitable adjustment of the estate.
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Litigation Abuse: Parties using the probate process to harass or overwhelm heirs can face immediate sanctions and fee-shifting under these new 2026 standards.
2026 Denver Probate Roadmap
[Image: The 2026 Probate Lifecycle: Opening the Estate, 4-Month Creditor Period, HB 25-1090 Fee Audit, SB 25-116 Abuse Review, and Final Distribution.]
| Probate Phase |
2026 Requirement/Detail |
Denver / 2nd JD Context |
| Opening Filing |
District Court Review |
Denver Probate Court remains the exclusive venue for City/County residents. |
| Notice to Creditors |
4-Month Window |
Standard “Notice to Creditors” period must be completed before final closing. |
| Small Estates |
JDF 999 Limit |
For estates under $82,000 (2026 adjusted), a full probate may be avoided via affidavit. |
| Electronic Filing |
Colorado E-Filing |
All 2026 probate inventories and accountings must be filed digitally. |
Frequently Asked Questions: Probate Law (2026)
1. How much does probate cost in Denver in 2026?
Under HB 25-1090, a law firm must provide you with a clear disclosure of their fee structure. While filing fees at the Denver Probate Court are approximately $160–$250 depending on the petition, legal fees vary by complexity. Our 2026 protocol ensures that you are never surprised by “hidden” administrative markups.
2. What is a “Step-Up in Basis” and why does it matter now?
In 2026, because the estate tax exemption is so high ($15M), our priority is often making sure assets pass through the estate rather than being gifted during life. This allows the assets to be “re-valued” at the date of death, potentially saving your heirs millions in capital gains taxes when they eventually sell the property or stocks.
3. Can I sue a personal representative for “Economic Abuse”?
If a personal representative uses their power to “unreasonably control” or “restrain” a beneficiary’s access to inherited resources for personal gain, they may be liable under the new SB 25-116 standards. This provides a powerful new tool for beneficiaries facing a hostile or manipulative executor.
4. How long does the Denver Probate Court take in 2026?
A typical “informal” probate takes between 9 and 12 months. However, with the 2026 C.R.M. 7 changes, any order issued by a magistrate now requires a 28-day window for district court review, which can add time to contested matters.
Why Choose Burnham Law for Denver Probate
In the Denver Probate Court, success is a matter of clinical precision and statutory timing. Burnham Law offers:
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2026 Tax-Efficiency Audits: We ensure your estate plan is optimized for the new $15 million exemption and the “step-up in basis.”
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HB 25-1090 Compliance: Our fee structures are fully transparent, protecting you from the 18% interest penalties associated with “junk fees.”
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Aggressive Fiduciary Litigation: We leverage the new SB 25-116 definitions to protect beneficiaries from economic abuse and litigation harassment.
Take Action Today
The 2026 shifts in estate tax limits and pricing transparency have created a “once-in-a-decade” window to update your plan or challenge an unjust administration. Whether you are opening a new estate or facing a complex inheritance dispute, immediate expert review is essential. Contact Burnham Law to schedule a strategic probate consultation:
📞 Call 303.990.5308
📍 Denver Office: 131 Madison St, Denver, CO 80206
📅 Schedule a Consultation Online
