The time it takes to form an LLC depends almost entirely on which state you file in and whether you file online or by mail. Some states approve online filings instantly; others take weeks. Here is what to expect, state by state, plus the expedited options if you are in a hurry.
1. The three stages of forming an LLC
- Preparing the filing — choosing a name, checking availability, naming a registered agent and completing the Articles of Organization. With Incofile this takes about ten minutes of your time; we prepare and submit the filing within one business day.
- State approval — the state reviews and stamps the filing. This is the part that varies, from minutes to weeks.
- After approval — getting your EIN, operating agreement and bank account. An EIN is issued instantly online for owners with a Social Security number; non-US owners wait one to eight weeks for the IRS to process a fax or mail application.
2. Approval times by state
Typical processing times for online filings, as published by each state or observed in practice. Mail filings take longer everywhere. Figures checked in September 2026; states change their queues, so treat these as a guide.
| State | Typical online approval | Expedited option (state fee) |
|---|---|---|
| Wyoming | Immediate | Not needed |
| Colorado | Usually almost instant | Not needed |
| Utah | Usually immediate (5–7 days if manually reviewed) | +$75 |
| Michigan | Often within hours | 24-hour, same-day and faster tiers |
| Mississippi | Usually the same day | — |
| Virginia | Often the same business day | — |
| Nevada | About 1 business day | — |
| New York | Minutes to a few business days | 24-hour $25 · same day $75 · 2-hour $150 |
| Oregon | 1–3 business days | — |
| Florida | 2–5 business days | Not offered |
| Minnesota | 2–5 business days | — |
| Texas | About 3–5 business days | $50 per document |
| California | A few business days | 24-hour $350 · same day $750 |
| Ohio | 3–7 business days | $100 (2 days) · $200 (1 day) · $300 (4 hours) |
| Georgia | 7–10 business days | 2 days $120 · same day $275 · 1 hour $1,200 |
| Illinois | About 10 business days | +$100 |
| Delaware | Around 1–2 weeks | From $50 (24-hour); same-day and faster available |
| Arizona | Same day to about 3 weeks | +$35 (about a week) |
| Maryland | About 4–6 weeks | +$50 (7–10 business days) |
Your state not listed? Each of our state LLC pages shows the current timeline and expedite options.
3. Expedited filing: what it costs
Most slow states sell faster processing for an extra state fee — typically $25 to $100 for one- or two-day service, and $275 to $1,200 for same-day or one-hour service in states like Georgia and California. In instant-approval states there is nothing to expedite.
When you order with Incofile you can choose the speed you need and the state fee is added to your total before you pay. Our Platinum package also includes our own expedited handling, so your filing goes to the state faster.
4. What happens after approval
- Approved documents — the stamped Articles of Organization (or Certificate of Formation) land in your Incofile dashboard.
- EIN — instant online for US owners with an SSN; one to eight weeks by fax or mail for non-US owners. Included in our Gold and Platinum packages. See how to get an EIN without an SSN.
- Operating agreement — ready as soon as the LLC is approved (included in Gold and Platinum).
- Bank account — usually a few days to two weeks once you have your approved documents and EIN. See opening a US business bank account.
- Publication — New York LLCs must publish a newspaper notice for six weeks after approval; Nebraska for three weeks; Arizona in some counties. The LLC exists from approval; publication is a follow-up step.
5. What causes delays
- A name that is taken or too similar to an existing company — the state rejects the filing and you start again. We check availability first.
- A missing registered agent consent in states that require the agent's signature (Florida, Texas, Arizona, Massachusetts and others).
- Mail filings — always slower than online, often by weeks.
- Seasonal backlogs — January and the weeks around annual report deadlines are busy in many state offices.
- Restricted words such as "bank", "insurance" or "university" that need approval from another agency.
6. What to do while you wait
- Draft your operating agreement so it is ready to sign on approval.
- Work out which business licences your city, county and state require.
- Gather the documents your bank will ask for: passport or ID, proof of address, and a clear description of what the business does.
- Set up your accounting and decide whether an S-Corp election makes sense once you are profitable.
Ready to start? Incofile prepares and submits most filings within one business day. Start your LLC or see how it works.
General information, not legal advice. Processing times are set by each state and vary with workload. September 2026.