Winding road with mile markers along the way to estate plan.

One of the most common reasons people delay starting their estate plan is the assumption that it will take a long time and require multiple difficult meetings. In practice, the process is more manageable than most people expect.

The typical timeline

For most New Mexico families with a straightforward situation, the estate planning process looks like this:

Week 1: The consultation. The first meeting is a conversation about your family situation, your assets, your goals, and your concerns. This is where the attorney asks the questions that shape the plan: who do you want to inherit your property, who do you trust to manage your affairs, what would you want for your children, what are you most worried about. The consultation also covers fees and what the process looks like from start to finish. Most consultations run one to two hours.

Weeks 1 to 3: Drafting. After the consultation, the attorney drafts your documents. For a basic four-document plan, this typically takes one to two weeks. For a trust-based plan, which involves more documents and more drafting, it may take two to three weeks. Your attorney may contact you during this period with clarifying questions if something in your situation requires more information.

Week 2 to 3: Your review. The drafted documents are sent to you for review before the signing meeting. This is your opportunity to read through them, ask questions, and request any changes. Taking the time to review the documents carefully is important. These are your instructions for what happens to your assets and your family, and they should reflect exactly what you want.

Week 3 to 4: The signing meeting. The final meeting is the execution meeting, where the documents are signed, witnessed, and notarized in a way that meets New Mexico's statutory requirements for each document type. This meeting typically runs thirty to sixty minutes. You leave with executed copies of your documents.

What can extend the timeline

Several things can push the process beyond the typical two-to-four week window.

Complex situations require more drafting time. A blended family plan with a QTIP trust, a special needs trust for a family member with a disability, a plan that involves business succession, or a situation with significant assets in multiple states all involve more drafting than a straightforward plan.

Client response time affects the schedule. If a client takes two weeks to review the draft documents or has significant changes that require redrafting, the timeline extends. Attorneys can only move as fast as the review and approval process allows.

Trust funding takes additional time after the signing meeting. Signing the trust document is not the end of the process. The trust needs to be funded, which means preparing and recording a deed for real estate, retitling financial accounts, and coordinating with financial institutions. This work happens after the signing meeting and can take several additional weeks depending on how responsive financial institutions are.

When to start if there's a specific deadline

If you have a reason to want your estate plan completed by a specific date, including an upcoming surgery, a planned trip, or a family situation that creates urgency, tell your attorney at the first consultation. Most attorneys can accommodate a faster timeline when needed, though complex plans may have a practical floor on how quickly they can be completed correctly.

The most common deadline that focuses people's attention is an upcoming medical procedure. If you're having elective surgery and realize you don't have powers of attorney in place, that is exactly the kind of situation where starting promptly matters. A basic incapacity plan, a financial power of attorney and a healthcare power of attorney, can often be completed more quickly than a full estate plan because the scope is narrower.

The cost of waiting

The most important thing about timeline is not how long the process takes. It's the fact that incapacity planning documents can only be signed while you have legal capacity to sign them. A power of attorney executed today provides protection starting today. A power of attorney that hasn't been executed yet provides no protection at all.

Two to four weeks is a short period compared to the protection an estate plan provides for the rest of your life.

 

Anthony Spratley
Experienced Divorce, Child Custody, and Guardianship Lawyer Serving Albuquerque and Beyond