N.M. Stat. § 45-2A-13
Appointment of personal representative and trustee.
A. The person named in the will as personal representative or trustee is entitled to
serve, if qualified, as personal representative or trustee.
B. If a qualified person is not named in the will as personal representative, or the
named person is incapacitated, unwilling to serve or dead, and a qualified alternate is
not named in the will, priority for appointment as personal representative is determined
by the law of the state of decedent's domicile at death.
C. If a qualified person is not named in the will as trustee, or the named person is
incapacitated, unwilling to serve or dead, and a qualified alternate is not named in the
will, the personal representative may appoint, without court approval, a qualified person,
including a person serving as personal representative, to serve as trustee.
D. If a personal representative or trustee resigns, is removed, becomes
incapacitated or dies, the surviving spouse, or if there is no surviving spouse or the
surviving spouse is unable or unwilling to act, a majority of the adult children of the
testator may appoint a qualified successor personal representative or trustee.
E. In all other cases, personal representatives and trustees must be appointed by
the court.