N.M. Stat. § 45-3-902
Distribution; order in which assets appropriated;
abatement.
A. Except as provided in Subsection C of this section, shares of distributees abate,
without any preference or priority as between real and personal property, in the
following order:
(1)
property not disposed of by the will;
(2)
residuary devises;
(3)
general devises; and
(4)
specific devises.
B. For purposes of abatement, a general devise charged on any specific property or
fund is a specific devise to the extent of the value of the property on which it is charged
and, upon the failure or insufficiency of the property on which it is charged, a general
devise to the extent of the failure or insufficiency. Abatement within each classification is
in proportion to the amounts of property each of the beneficiaries would have received if
full distribution of the property had been made in accordance with the terms of the will.
C. If the will expresses an order of abatement or if the testamentary plan or the
express or implied purpose of the devise would be defeated by the order of abatement
stated in Subsection A of this section, the shares of the distributees abate as may be
found necessary to give effect to the intention of the testator.
D. If an estate of a decedent consists partly of separate property and partly of
community property, the debts and expenses of administration shall be apportioned and
charged against the different kinds of property in accordance with the provisions of
Subsection B of Section 45-2-807 NMSA 1978.
E. If the subject of a preferred devise is sold or used incident to administration,
abatement shall be achieved by appropriate adjustments in or contribution from other
interests in the remaining assets.