Elite Advocacy in Adams and Jefferson Counties
In Westminster, probate and estate administration in 2026 require a specialized understanding of two distinct judicial jurisdictions. Because Westminster spans both Adams County (17th Judicial District) and Jefferson County (1st Judicial District), the specific court rules and filing procedures depend entirely on the decedent’s primary residence.
As of January 1, 2026, the legal landscape has shifted significantly. The federal estate tax exemption has risen to $15 million per person, transforming the strategy for high-net-worth estates from “tax dodging” to “basis optimization.” Simultaneously, the Protections Against Deceptive Pricing Practices Act (HB 25-1090) now mandates total fee transparency for all Colorado fiduciaries, while SB 25-116 introduces “economic abuse” as a pivotal factor in contested probate litigation.
At Burnham Law, we specialize in the “strategic deconstruction” of complex estates across the North Metro area. We recognize that in 2026, the primary risks are no longer just procedural, but involve the intersection of new AI-driven document audits and strict transparency mandates. From the Adams County Justice Center to the Jefferson County Combined Court, we provide the elite, strategy-driven advocacy required to preserve your legacy.
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 Westminster:
1. The $15 Million Exemption & Basis Planning
With the 2026 federal exemption jump, the strategic focus for Westminster 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 to allow for better income tax outcomes.
2. HB 25-1090: Professional Fee Transparency
Effective January 1, 2026, lawyers and professional fiduciaries in Westminster 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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Variable Fee Disclosure: While total litigation costs may be indeterminate, fiduciaries must clearly and conspicuously disclose the factors (complexity, court delays, or creditor volume) 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 Westminster Probate Roadmap
[Image: The 2026 Probate Lifecycle: Identifying County Jurisdiction (Adams vs. Jeffco), Opening the Estate, 4-Month Creditor Period, HB 25-1090 Fee Audit, and Final Distribution.]
| Probate Phase |
2026 Requirement/Detail |
Westminster Context |
| Jurisdiction Check |
Residency Confirmation |
Must determine if filing in Brighton (Adams) or Golden (Jeffco). |
| Notice to Creditors |
4-Month Window |
Standard “Notice to Creditors” period must be completed before final closing. |
| Small Estates |
$82,000 Limit |
For estates under the 2026 inflation-adjusted limit, 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 do I know if I file in Adams or Jefferson County?
Westminster is a split-county city. If the decedent lived north of 88th Avenue (generally), it is likely Adams County (Brighton). If they lived south/west of that area, it is often Jefferson County (Golden). We confirm the specific tax district to ensure the filing is made in the correct court on day one.
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 probate process take in 2026?
A typical “informal” probate in the 1st or 17th Judicial Districts 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 Westminster Probate
In the North Metro area, 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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Multi-County Mastery: We have deep experience in both the Adams County Justice Center and the Jefferson County Combined Court, ensuring your case is handled with local expertise.
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
📍 Boulder/North Office: 1434 Spruce St, Suite 100, Boulder, CO 80302 (Serving Westminster/Adams)
📅 Schedule a Consultation Online
