N.M. Stat. § 45-1-107
Evidence of death or status.
In addition to the rules of evidence in courts of general jurisdiction, the following
rules relating to a determination of death and status apply:
A. in accordance with Subsection A of Section 12-2-4 NMSA 1978, death occurs
when an individual has sustained either:
(1)
irreversible cessation of circulatory and respiratory functions; or
(2)
irreversible cessation of all functions of the entire brain, including the brain
stem.
A determination of death must be made in accordance with accepted medical
standards;
B. an authenticated copy of a death certificate purporting to be issued by an official
or agency of the place where the death purportedly occurred is prima facie evidence of
the fact, place, date and time of death and the identity of the decedent;
C. an authenticated copy of a record or report of a governmental agency, domestic
or foreign, that an individual is missing, detained, dead or alive is prima facie evidence
of the status and of the dates, circumstances and places disclosed by the record or
report;
D. in the absence of prima facie evidence of death pursuant to Subsections B or C
of this section, the fact of death may be established by clear and convincing evidence,
including circumstantial evidence;
E. an individual whose death is not established pursuant to Subsection A, B, C or D
of this section who is absent for a continuous period of five years, during which the
person has not been heard from and whose absence is not satisfactorily explained after
diligent search or inquiry is presumed to be dead. The person's death is presumed to
have occurred at the end of the period unless there is sufficient evidence for
determining that death occurred earlier; and
F. in the absence of evidence disputing the time of death stated on a document
described in Subsection B or C of this section, a document described in Subsection B or
C of this section that states a time of death one hundred twenty hours or more after the
time of death of another individual, however the time of death of the other individual is
determined, establishes by clear and convincing evidence that the individual survived
the other individual by one hundred twenty hours.