How to Form an LLC, State-by-State Formation Guides
Forming an LLC requires filing Articles of Organization with your state Secretary of State, paying a filing fee ($35 to $520), and appointing a registered agent. Seven states approve online filings immediately; most publish no standard turnaround at all. Select your state below for exact fees, forms, and step-by-step instructions.
Filing fees vary by state; the average above summarizes all 50. Seven states approve online filings immediately. Most publish no standard turnaround at all. Source: MyStateLLC 50-state filing fee dataset, verified against each Secretary of State's published fee schedule, July 2026.
Cheapest states
From $35
Montana $35, Kentucky $40
Most expensive
$520
Massachusetts, then TN & TX at $300
Instant online
7 states
AK, CO, KS, MO, MS, WI, WY
Commit to a turnaround
16 of 50
The other 34 publish none
How to Form an LLC: 7-Step Overview
1
Choose a state
Most owners form in their home state. Forming in Delaware or Wyoming only makes sense if you have a specific reason, investors, privacy laws, or multi-state operations. Out-of-state formation adds a registered agent fee and foreign qualification cost in your home state.
2
Choose your LLC name
Your name must be unique in the state and include 'LLC,' 'L.L.C.,' or 'Limited Liability Company.' Most Secretary of State websites have a free name search tool. Avoid names that imply a regulated profession you aren't licensed in.
3
Appoint a registered agent
Every LLC must designate a registered agent, a person or service with a physical address in the state who accepts legal documents on your behalf. You can serve as your own registered agent if you have a local address and are available during business hours.
4
File Articles of Organization
Submit your Articles of Organization (sometimes called a Certificate of Formation) to the Secretary of State. Most states accept online filings. The filing fee ranges from $35 (Montana) to $520 (Massachusetts). Processing time varies widely, and most states publish no standard turnaround at all. Check your state's own page.
5
Get an EIN
Apply for an Employer Identification Number (EIN) from the IRS at irs.gov, free and instant online. You need an EIN to open a business bank account, hire employees, and file taxes. Single-member LLCs with no employees can sometimes use the owner's SSN, but an EIN is recommended.
6
Open a business bank account
A separate business account is essential to maintain the liability shield between you and the LLC. Mixing personal and business funds ('piercing the corporate veil') can expose your personal assets in a lawsuit. Most banks require your EIN and Articles of Organization.
7
Create an operating agreement
Most states don't require an operating agreement, but you should have one. It documents ownership percentages, decision-making rules, and what happens if a member leaves. Banks often request it before opening an account.
State filing fees range from $35 (Montana) to $520 (Massachusetts). The national average is approximately $122. Most states accept online filings with no additional processing fee. You may also pay for a registered agent ($50 to $300/yr), an EIN (free from the IRS), and an operating agreement template ($0 to $200). Total first-year cost for most small business owners is $100 to $600.
There is no national answer: 34 of the 50 states commit to no standard processing time at all. Most of them sell a paid expedite tier instead, and three (Arizona, California and Florida) post a live queue that moves week to week. Of the 16 states that do commit to one, seven say online filings post immediately or within minutes: Alaska, Colorado, Kansas, Missouri, Mississippi, Wisconsin and Wyoming. Vermont is effectively same-day at 0 to 1 business days, and Georgia is the slow outlier at 7 to 10 business days for online filings. Only five states publish a paper-filing figure at all, and they span 7 to 15 business days: Vermont 7 to 10, Alaska 10 to 15, and Georgia, Washington and Wyoming at up to 15. Check your state's own guide for its published figure rather than trusting a general estimate.
Yes, but it usually isn't worth it for most small business owners. If you form in Delaware but operate in California, you pay Delaware's filing fees plus you must register as a 'foreign LLC' in California and pay California's fees, effectively paying twice. Delaware and Wyoming out-of-state formation makes sense for specific situations: seeking venture capital, maximizing privacy, or operating truly nationally from day one.
No. Forming an LLC is a straightforward administrative filing that most business owners handle themselves. You file Articles of Organization, pay the state fee, and optionally draft an operating agreement. An attorney adds value for complex multi-member structures, unusual ownership arrangements, or if your business operates in regulated industries. For a standard single-member LLC, the Secretary of State website and a basic operating agreement template are sufficient.
A sole proprietorship requires no registration and costs nothing to form, but offers zero liability protection. Lawsuits and business debts can reach your personal assets. An LLC is a formal state-registered entity that creates a legal separation between you and the business. This separation is the core value of an LLC: if someone sues your business or the business owes money, your personal bank account, home, and savings are protected.
Edmond Hui is a software engineer and serial entrepreneur based in New York who has founded multiple online businesses across e-commerce, media, and information publishing. Before transitioning into tech, he spent years as a commercial real estate professional closing deals totaling over 100,000 square feet, giving him firsthand experience with business formation and entity structuring. He built MyStateLLC to provide the free, state-specific LLC guidance he wished existed when forming his own companies.
