N.M. Stat. § 45-3-912
Private agreements among successors to decedent
binding on personal representative.
Subject to the rights of creditors and taxing authorities, successors or their
representatives may agree among themselves to alter the interests, shares or amounts
to which they are entitled under the will of the decedent or under the laws of intestacy in
any way that they provide in a written contract executed by all who are affected by its
provisions. The personal representative shall abide by the terms of the agreement
subject to the personal representative's obligation to administer the estate for the benefit
of creditors, to pay all taxes and costs of administration and to carry out the
responsibilities of the personal representative's office for the benefit of any successors
of the decedent who are not parties. Personal representatives of decedents' estates are
not required to see to the performance of trusts if the trustee thereof is another person
who is willing to accept the trust. Accordingly, trustees of a testamentary trust are
successors for the purposes of this section. Nothing in this section relieves trustees of
any duties owed to beneficiaries of trusts.