N.M. Stat. § 45-3-913
Distributions to trustee.
A. Before distributing to a trustee, the personal representative may require that the
trust be registered if the state in which it is to be administered provides for registration
and that the trustee inform the beneficiaries as provided in Section 46A-8-813 NMSA
1978.
B. If the trust instrument does not excuse the trustee from giving bond, the personal
representative may petition the appropriate court to require that the trustee post bond if
the personal representative apprehends that distribution might jeopardize the interests
of persons who are not able to protect themselves, and the personal representative may
withhold distribution until the court has acted.
C. No inference of negligence on the part of the personal representative shall be
drawn from the personal representative's failure to exercise the authority conferred by
Subsections A and B of this section.