N.M. Stat. § 45-2-405
Source, determination and documentation.
If the estate is otherwise sufficient, property specifically devised may not be used to
satisfy rights to family allowance or personal property allowance. Subject to this
restriction, the surviving spouse, guardians of minor children or children who are adults
may select property of the estate as family allowance and personal property allowance.
The personal representative may make those selections if the surviving spouse, the
children or the guardians of the minor children are unable or fail to do so within a
reasonable time or there is no guardian of a minor child. The personal representative
may execute an instrument or deed of distribution to establish the ownership of property
taken as family allowance or personal property allowance. The personal representative
or an interested person aggrieved by any selection, determination, payment, proposed
payment or failure to act under this section may petition the court for appropriate relief,
which may include a family allowance or personal property allowance other than that
which the personal representative determined or could have determined.