N.M. Stat. § 45-2-516
Duty of custodian of will; liability.
A. Any person having custody of a will shall, as soon as he is informed of the death
of the testator, deliver the will to a person able to secure its probate or, if none is known,
to an appropriate court.
B. If any person having the custody of a will fails to produce the will as provided for
in Subsection A of this section, after receiving a reasonable notice to do so, he is liable
to any person aggrieved for the damages that may be sustained by the failure.
C. Any person who refuses or fails to deliver a will after being ordered by the court
in a proceeding brought for the purpose of compelling delivery is subject to penalty for
contempt of court.