N.M. Stat. § 45-3-414
Formal proceedings concerning appointment of personal
representative.
A. A formal proceeding for adjudication regarding the priority or qualification of one
who is an applicant for appointment as personal representative, or of one who
previously has been appointed personal representative in informal proceedings, if an
issue concerning the testacy of the decedent is or may be involved, is governed by
Section 3-402 [45-3-402 NMSA 1978], as well as by this section. In other cases, the
petition shall contain or adopt the statements required by Subsection A of Section 3-301
[45-3-301 NMSA 1978] and describe the question relating to priority or qualification of
the personal representative which is to be resolved. If the proceeding precedes any
appointment of a personal representative, it shall stay any pending informal
appointment proceedings as well as any commenced thereafter. If the proceeding is
commenced after appointment, the previously-appointed personal representative, after
receipt of notice thereof, shall refrain from exercising any power of administration except
as necessary to preserve the estate or unless the district court orders otherwise.
B. After notice to interested persons, including all persons interested in the
administration of the estate as successors under the applicable assumption concerning
testacy, any previously-appointed personal representative, and any person having or
claiming priority for appointment as personal representative, the district court shall
determine who is entitled to appointment under Section 3-203 [45-3-203 NMSA 1978],
make a proper appointment and, if appropriate, terminate any prior appointment found
to have been improper as provided in cases of removal under Section 3-611 [45-3-611
NMSA 1978].