N.M. Stat. § 45-3-502
Supervised administration; petition; order.
A. A petition for supervised administration may be filed by any interested person at
any time or the request for supervised administration may be joined with a petition in a
testacy or appointment proceeding. If the testacy of the decedent and the priority and
qualification of any personal representative have not been adjudicated previously, the
petition for supervised administration shall include the matters required of a petition in a
formal testacy proceeding and the notice requirements and procedures applicable to a
formal testacy proceeding apply. If not previously adjudicated, the district court shall
adjudicate the testacy of the decedent and questions relating to the priority and
qualifications of the personal representative in any case involving a request for
supervised administration, even though the request for supervised administration may
be denied.
B. After notice to interested persons, the district court shall order supervised
administration of a decedent's estate:
(1)
if the decedent's will directs supervised administration, unless the district
court finds that circumstances bearing on the need for supervised administration have
changed since the execution of the will and that there is no necessity for supervised
administration;
(2)
if the decedent's will directs unsupervised administration, only upon a
finding that supervised administration is necessary for protection of persons interested
in the estate; or
(3)
in other cases if the district court finds that supervised administration is
necessary under the circumstances.