Which States Allow Series LLCs? (2026 List)
The Series LLC is one of the most useful entity structures in American business law, and also one of the most misunderstood. Ask ten investors which states allow it and you will get ten different answers, most of them outdated. The list has been growing, and 2026 brought a notable new addition.
Here is the current, accurate picture: as of 2026, 19 states plus the District of Columbia authorize Series LLCs, and Florida joined the club with protected-series provisions effective July 1, 2026. Below is the full list, what changed recently, and what to do if your state is not on it.
What Is a Series LLC, Briefly?
A Series LLC is a single limited liability company that can create internal divisions called series or cells. Each series can hold its own assets, have its own members, and, crucially, its debts and liabilities are walled off from the other series. It is popular with real estate investors who want each rental property isolated without forming a separate LLC per property.
The catch is that this internal liability shield exists only because a state statute says it does. No statute, no shield. That is why the state-by-state list matters so much. If you want the deeper dive on whether the structure fits your portfolio, read our guide to Series LLC pros and cons for real estate investors.
The Full List: States That Allow Series LLCs in 2026
The following states have series LLC statutes on the books:
Alabama, Delaware, Illinois, Indiana, Iowa, Kansas, Kentucky, Missouri, Montana, Nebraska, Nevada, North Dakota, Oklahoma, Tennessee, Texas, Utah, Virginia, Wyoming, and the District of Columbia. That is 18 states plus DC under the long-standing count, with Kentucky’s provisions rounding out the group most practitioners cite.
Let us be precise about the count as practitioners generally track it in 2026: Alabama, Delaware, Illinois, Indiana, Iowa, Kansas, Missouri, Montana, Nebraska, Nevada, North Dakota, Oklahoma, Tennessee, Texas, Utah, Virginia, Wyoming, Kentucky, plus the District of Columbia. Nineteen jurisdictions with full series LLC statutes.
Florida: The 2026 Newcomer
Florida added protected-series provisions to its LLC act effective July 1, 2026. This is a big deal because Florida is one of the most popular states in the country for real estate investment. Under the new law, a Florida LLC can designate protected series with liability segregation similar to traditional series states.
If you invest in Florida rentals, this changes the math. You no longer have to form your Series LLC in Delaware or Texas and foreign-register it into Florida. You can now build the structure natively under Florida law. For cost context, see our breakdown of Florida LLC costs.
The Heavy Hitters: Delaware, Texas, and Wyoming
Not all series statutes are equal. Delaware wrote the original series LLC law, and its Court of Chancery gives investors the deepest body of case law in the country. If predictability in court matters to you, Delaware is the gold standard.
Texas has arguably the most investor-friendly economics: one $300 formation fee covers the master LLC, and spinning up new series does not trigger additional state fees. Our Texas LLC cost guide walks through the numbers.
Wyoming combines series authorization with strong privacy protections and low annual costs, which is why it shows up in so many asset-protection plans. See our Wyoming LLC cost breakdown for details.
States That Do NOT Allow Series LLCs
The majority of states still have no series LLC statute. That includes large and popular states like California, New York, Georgia, North Carolina, Ohio, Pennsylvania, and New Jersey. Forming a “Series LLC” under the laws of one of these states is simply not possible.
This matters more than most people realize. Suppose you form a Texas Series LLC and buy a rental in California. California does not have a series statute, so a California court is not obligated to respect the liability firewall between your series. You may still get protection under Texas law theories, but you are litigating in a gray zone instead of standing on solid statutory ground.
Can You Use a Series LLC in a Non-Series State?
This is where investors get into trouble, so let us be blunt. You have a few options, none of them perfect.
Option one is to form the Series LLC in a series state and register it as a foreign LLC in the state where the property sits. Many investors do this. The open question is whether the property state’s courts will honor the internal series shields. Some will, some might not, and there is not enough case law to be sure.
Option two is to use separate traditional LLCs for property in non-series states, and reserve the Series LLC for property in series states. This hybrid approach is what most careful attorneys recommend. It costs more, but each property stands on the clearest possible legal footing.
Option three, and the one to avoid, is assuming the shield travels with you automatically. It does not. The internal liability wall is statutory, and statutes stop at state lines. If someone tells you otherwise without citing case law, get a second opinion.
What About Puerto Rico?
Puerto Rico also authorizes series LLCs under its own LLC act. It rarely comes up for mainland investors, but if you invest in Puerto Rican real estate, the structure is available there too.
Key Differences Between State Series Laws
Even among states that allow Series LLCs, the details vary in ways that affect your planning.
Some states require each protected series to be publicly registered with the state; others let series exist purely as a matter of the operating agreement. Public registration costs more but creates a clearer paper trail. Some states tax each series separately, while others treat the whole structure as one taxpayer. Texas, for instance, treats the master Series LLC and all its series as a single taxable entity for franchise tax purposes, which simplifies compliance.
Naming rules differ too. Some states require every series to include the master LLC’s name, which can look clunky on a deed or a bank account. These sound like small details until you are sitting in a bank trying to open an account titled correctly.
The practical takeaway: do not just pick the cheapest formation state. Pick the state whose statute, tax treatment, and case law best fit how you will actually use the structure. Delaware’s Division of Corporations at corp.delaware.gov publishes the original statute, and the IRS discusses entity classification principles at irs.gov.
What to Do If Your State Is Not on the List
First, do not panic. Most real estate investors in non-series states do perfectly well with traditional LLCs. One LLC per property, or one LLC holding a small cluster of properties, remains the most battle-tested asset protection structure in existence.
Second, if you are set on a Series LLC, form it in a series state and foreign-qualify where your properties are, ideally after a conversation with a local attorney about how that state’s courts treat foreign series. Our comparison of Wyoming vs Delaware LLCs can help you weigh the two most popular formation choices.
Third, keep an eye on your legislature. The list has grown steadily for two decades, and Florida’s 2026 move shows the trend is accelerating. More states will likely follow.
Frequently Asked Questions
How many states allow Series LLCs in 2026?
Nineteen states plus the District of Columbia have series LLC statutes: Alabama, Delaware, Illinois, Indiana, Iowa, Kansas, Kentucky, Missouri, Montana, Nebraska, Nevada, North Dakota, Oklahoma, Tennessee, Texas, Utah, Virginia, and Wyoming, plus DC. Florida added protected-series provisions effective July 1, 2026.
Does California allow Series LLCs?
No. California has no series LLC statute. A California investor can form a Series LLC in a state like Delaware or Texas and register it as a foreign LLC in California, but California courts are not required to honor the internal liability shields between series.
Is a Delaware Series LLC better than a Texas Series LLC?
It depends on your priorities. Delaware offers the deepest case law and the prestigious Court of Chancery. Texas offers simpler economics with one formation fee and unified franchise tax treatment. Investors who value courtroom predictability lean Delaware; investors who value low cost lean Texas.
Can each series have different owners?
Yes, in most series states. Different series can have different members with different ownership percentages, which makes the structure useful for joint ventures where each property has different partners. Your operating agreement must clearly define each series and its members.
Do I need to register each series with the state?
It depends on the state. Some series states require public filing for each protected series, while others allow series to be created privately through the operating agreement. Check the specific statute in your formation state before assuming either way.
Will more states allow Series LLCs soon?
Likely. The trend has been steady expansion for twenty years, and Florida’s 2026 adoption of protected-series provisions is the most significant recent addition. If your state is not on the list, revisit the question every year or two.
