N.M. Stat. § 45-3-928
Collection of estate tax by fiduciary.
A. A fiduciary responsible for payment of an estate tax may collect from any person
the tax apportioned to and the tax required to be advanced by the person.
B. Except as otherwise provided in Section 10 [45-3-925 NMSA 1978] of this act,
any estate tax due from a person that cannot be collected from the person may be
collected by the fiduciary from other persons in the following order of priority:
(1)
any person having an interest in the apportionable estate that is not
exonerated from the tax;
(2)
any other person having an interest in the apportionable estate; and
(3)
any person having an interest in the gross estate.
C. A domiciliary fiduciary may recover from an ancillary personal representative the
estate tax apportioned to the property controlled by the ancillary personal
representative.
D. The total tax collected from a person pursuant to the Uniform Estate Tax
Apportionment Act [45-3-920 to 45-3-930 NMSA 1978] may not exceed the value of the
person's interest.