How to File an LLC Yourself — Step by Step
Most people think forming an LLC requires a lawyer, a stack of confusing forms, and a few hundred dollars in fees.
It doesn't.
The state makes the process public. The IRS gives you your EIN for free. The whole thing can be done in one afternoon — if you know the right steps in the right order.
That's what this guide is for.
What is an LLC and why do you need one?
An LLC — Limited Liability Company — creates a legal wall between you and your business.
That wall matters.
Without it, you're a sole proprietor. You and your business are the same thing in the eyes of the law. If something goes wrong — a lawsuit, a debt, a dispute — everything you own is on the table. Your savings. Your car. Your house.
An LLC keeps your personal life out of your business problems.
It also makes you look legitimate. Banks require it to open a business bank account. Clients take you more seriously. Vendors trust you more.
It's step one. Before the website. Before the logo. Before anything.
What you need before you file:
— Your desired business name — The state where you operate — A registered agent (can be yourself in most states) — Your business address — About an hour of focused time
Step 1 — Check your business name availability
Before you file anything, make sure your name is available.
Every state has a business name search tool on its Secretary of State website. Search your exact name and close variations. If it's taken, you need a new name. Filing with a taken name gets your application rejected and you lose your filing fee.
Don't skip this step.
Step 2 — Choose your state of formation
File where you actually do business.
Ignore the ads pushing Delaware or Wyoming for "tax benefits." For a small local business, filing in your home state is almost always the right move. If you're unsure, talk to a CPA before you decide — not after.
Step 3 — File your Articles of Organization
This is the main document that creates your LLC.
You file it with your state's Secretary of State office — either online or by mail. The form asks for basic information: your LLC name, your registered agent, your business address, and the names of the members.
Double-check everything before you submit. Mistakes slow things down.
State filing fees vary by state. This is the one cost you can't avoid — it's what you pay the government to officially register your business.
Step 4 — Get your EIN from the IRS
Free. Always free.
Your EIN — Employer Identification Number — is your business's tax ID. You need it to open a business bank account, hire employees, and file business taxes.
Go to IRS.gov and apply online. Takes about 10 minutes. You get your number immediately.
Do not pay anyone to do this. It is free. Anyone charging you for an EIN is charging you for something that takes 10 minutes on a government website.
Step 5 — Create your Operating Agreement
Most states don't legally require it. Most banks do.
Your operating agreement outlines how your LLC is managed — how decisions get made, how profits are split, what happens if a member leaves. Get it done. Free templates exist online. If your situation is complex, have an attorney draft one.
Step 6 — Open your business bank account
Do this immediately after your LLC is approved and your EIN is in hand.
Never mix personal and business money. Ever. It creates legal exposure and accounting nightmares. Bring your Articles of Organization, your EIN, and your Operating Agreement to the bank.
How long does it take?
Most states process LLC filings within 5–10 business days. Some offer expedited processing for an extra fee. Processing times vary — check your state's Secretary of State website for current estimates.
What does it cost?
State filing fees are the main cost. They vary by state — some states charge under $100, others charge several hundred dollars. Always verify your state's current fee directly on the Secretary of State website before filing, as fees can change.
If you'd rather have someone handle the filing for you, our LLC filing packages include state fees with no surprise charges.
Get the File For Free Guide — $27 → See LLC Filing Packages →
Second Hustle LLC is a document preparation service. We are not a law firm or CPA firm. We do not provide legal or tax advice. Always consult a licensed attorney or CPA before making legal or financial decisions.