N.M. Stat. § 45-3-712
Improper exercise of power; breach of fiduciary duty.
If the exercise of power concerning the estate is improper, the personal
representative is liable to interested persons for damage or loss resulting from breach of
the personal representative's fiduciary duty to the same extent as a trustee of an
express trust. The rights of purchasers and others dealing with a personal
representative shall be determined as provided in Sections 45-3-713 and 45-3-714
NMSA 1978.