N.M. Stat. § 45-3-709
Duty of personal representative; possession of estate.
Except as otherwise provided by a decedent's will, every personal representative
has a right to, and shall take possession or control of, the decedent's property, except
that any real property or tangible personal property may be left with or surrendered to
the person presumptively entitled thereto unless or until, in the judgment of the personal
representative, possession of the property by the personal representative will be
necessary for purposes of administration. The request by a personal representative for
delivery of any property possessed by an heir or devisee is conclusive evidence, in any
action against the heir or devisee for possession thereof, that the possession of the
property by the personal representative is necessary for purposes of administration. The
personal representative shall take all steps reasonably necessary for the management,
protection and preservation of the estate in his possession. He may maintain an action
to recover possession of property or to determine the title thereto.