N.M. Stat. § 45-3-1001
Formal proceedings terminating administration; testate
or intestate; order of general protection.
A. A personal representative or any interested person may petition for an order of
complete settlement of the estate. The personal representative may petition at any time,
and any other interested person may petition after one year from the appointment of the
original personal representative, except that no petition under this section may be
entertained until the time for presenting claims which arose prior to the death of the
decedent has expired.
B. The petition may request the district court to:
(1)
determine testacy, if not previously determined;
(2)
consider the final account or compel or approve an accounting and
distribution;
(3)
construe any will or determine heirs; and
(4)
adjudicate the final settlement and distribution of the estate.
C. After notice to all interested persons and subsequent hearing, the district court
may enter an order or orders, on appropriate conditions, determining the persons
entitled to distribution of the estate, and, as circumstances require, approving settlement
and directing or approving distribution of the estate and discharging the personal
representative from further claim or demand of any interested person.
D. If one or more heirs or devisees were omitted as parties in, or were not given
notice of, a previous formal testacy proceeding, the district court, on proper petition for
an order of complete settlement of the estate under this section, and after notice to the
omitted or unnotified persons and other interested persons determined to be interested
on the assumption that the previous order concerning testacy is conclusive as to those
given notice of the earlier proceeding, may determine testacy as it affects the omitted
persons and confirm or alter the previous order of testacy as it affects all interested
persons as appropriate in the light of the new proofs.
E. In the absence of objection by an omitted or unnotified person, evidence received
in the original testacy proceeding shall constitute prima facie proof of due execution of
any will previously admitted to probate, or the fact that the decedent left no valid will if
the prior proceedings determined this fact.